Text: HSB00604 Text: HSB00606 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 384.84, subsection 3, paragraph d, Code 1 2 Supplement 1997, is amended to read as follows: 1 3 d. For a residential rental property where a charge for 1 4 water service is separately metered and paid directly by the 1 5 tenant, the rental property, to the extent provided in this 1 6 paragraph, is exempt from a lien forthosedelinquent charges 1 7 incurred after the landlord gives written notice to the city 1 8 utility or enterprise that the tenant is liable for the 1 9 charges and a deposit not exceeding the usual cost of ninety 1 10 days of water service is paid to the utility or enterprise. 1 11 Upon receipt, the utility or enterprise shall acknowledge the 1 12 notice and deposit. A written notice shall contain the name 1 13 of the tenant responsible for charges, address of the property 1 14 that the tenant is to occupy, and the date that the occupancy 1 15 begins.AIf there is a change in tenantshall require a new1 16written notice and deposit, the landlord shall notify the city 1 17 utility or enterprise and provide the name of the new tenant 1 18 who is to be liable for the charges. When the tenant moves 1 19 from the rental property, the city utility or enterprise shall 1 20 return the deposit to the tenant if the tenant paid the 1 21 deposit to the city utility or enterprise and if the water 1 22 service charges are paid in fulland the lien exemption shall1 23be lifted from the rental property. If the deposit was paid 1 24 to the city utility or enterprise by the landlord, the city 1 25 utility or enterprise need not return the deposit to the 1 26 landlord after the tenant moves from the rental property 1 27 unless requested to do so by the landlord or unless the city 1 28 utility or enterprise is informed that services are to be 1 29 discontinued for the property. 1 30 If the account for services becomes delinquent, the city 1 31 utility or enterprise shall provide written notice of the 1 32 delinquency to the landlord if the account remains delinquent 1 33 for two billing cycles. The lien exemption provided in this 1 34 paragraph applies only to the extent of the deposit so long as 1 35 the city utility or enterprise satisfies the requirements of 2 1 this paragraph. 2 2 PARAGRAPH DIVIDED. The lien exemption for rental property 2 3 does not apply to charges for repairs to a water service if 2 4 the repair charges become delinquent. 2 5 EXPLANATION 2 6 This bill amends a portion of Code section 384.84 which 2 7 exempts certain residential rental property from a lien for 2 8 delinquent water service charges. The lien exemption applies 2 9 after the landlord gives written notice to the city utility or 2 10 enterprise that the tenant is liable for the charges and a 2 11 deposit not exceeding the usual cost of 90 days of water 2 12 service is paid to the utility or enterprise. 2 13 The bill provides that if there is a change in tenant, the 2 14 landlord is to notify the city utility or enterprise and 2 15 provide the name of the new tenant responsible for the payment 2 16 of charges. The bill eliminates the requirement that upon a 2 17 change in tenant a new written notice and deposit is required 2 18 for purposes of the lien exemption. If the deposit is paid by 2 19 the tenant, the city utility or enterprise is to return the 2 20 deposit to the tenant. If the deposit is paid by the 2 21 landlord, the city utility or enterprise need not return the 2 22 deposit to the landlord after the tenant moves from the rental 2 23 property unless requested to do so by the landlord or unless 2 24 the city utility or enterprise is informed that services are 2 25 to be discontinued for the property. If the account for 2 26 services becomes delinquent and remains so for two billing 2 27 cycles, the city utility or enterprise must provide notice to 2 28 the landlord of such delinquency. The lien exemption provided 2 29 is limited to the amount of the deposit if the city utility or 2 30 enterprise satisfies the notification requirements. 2 31 LSB 3700HC 77 2 32 mj/jw/5
Text: HSB00604 Text: HSB00606 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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