Text: SSB02184 Text: SSB02186 Text: SSB02100 - SSB02199 Text: SSB 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 4waterany enterprise service is separatelymeteredcharged and 1 5 paid directly by the tenant, the rental property, to the 1 6 extent provided in this paragraph, is exempt from a lien for 1 7thosedelinquent charges incurred after the landlord gives 1 8 written notice to the city utility or enterprise that the 1 9 tenant is liable for the charges and a deposit not exceeding 1 10 the usual cost of ninety days ofwatersuch enterprise service 1 11 is paid to the utility or enterprise. Upon receipt, the 1 12 utility or enterprise shall acknowledge the notice and 1 13 deposit. A written notice shall contain the name of the 1 14 tenant responsible for charges, address of the property that 1 15 the tenant is to occupy, and the date that the occupancy 1 16 begins.AIf there is a change in tenantshall require a new1 17written notice and deposit, the landlord shall notify the city 1 18 utility or enterprise and provide the name of the new tenant 1 19 who is to be liable for the charges. When the tenant moves 1 20 from the rental property, the city utility or enterprise shall 1 21 return the deposit to the tenant if the tenant paid the 1 22 deposit to the city utility or enterprise and if thewater1 23 enterprise service charges are paid in fulland the lien1 24exemption shall be lifted from the rental property. If the 1 25 deposit was paid to the city utility or enterprise by the 1 26 landlord, the city utility or enterprise need not return the 1 27 deposit to the landlord after the tenant moves from the rental 1 28 property unless requested to do so by the landlord or unless 1 29 the city utility or enterprise is informed that services are 1 30 to be discontinued for the property. 1 31 If an account for enterprise services becomes delinquent, 1 32 the city utility or enterprise shall provide written notice of 1 33 the delinquency to the landlord if the account remains 1 34 delinquent for two billing cycles. The lien exemption 1 35 provided in this paragraph applies only to the extent of the 2 1 deposit so long as the city utility or enterprise satisfies 2 2 the requirements of this paragraph. 2 3 PARAGRAPH DIVIDED. The lien exemption for rental property 2 4 does not apply to charges for repairs to a water service if 2 5 the repair charges become delinquent. 2 6 EXPLANATION 2 7 This bill amends a portion of Code section 384.84 which 2 8 exempts certain residential rental property from a lien for 2 9 delinquent water service charges. The lien exemption applies 2 10 after the landlord gives written notice to the city utility or 2 11 enterprise that the tenant is liable for the charges and a 2 12 deposit not exceeding the usual cost of 90 days of water 2 13 service is paid to the utility or enterprise. 2 14 The bill expands the exemption to include liens for 2 15 services in addition to water services. The bill also 2 16 provides that if there is a change in tenant, the landlord is 2 17 to notify the city utility or enterprise and provide the name 2 18 of the new tenant responsible for the payment of charges. The 2 19 bill eliminates the requirement that upon a change in tenant a 2 20 new written notice and deposit is required for purposes of the 2 21 lien exemption. If the deposit is paid by the tenant, the 2 22 city utility or enterprise is to return the deposit to the 2 23 tenant. If the deposit is paid by the landlord, the city 2 24 utility or enterprise need not return the deposit to the 2 25 landlord after the tenant moves from the rental property 2 26 unless requested to do so by the landlord or unless the city 2 27 utility or enterprise is informed that services are to be 2 28 discontinued for the property. If the account for services 2 29 becomes delinquent and remains so for two billing cycles, the 2 30 city utility or enterprise must provide notice to the landlord 2 31 of such delinquency. The lien exemption provided is limited 2 32 to the amount of the deposit if the city utility or enterprise 2 33 satisfies the notification requirements. 2 34 LSB 4360SC 77 2 35 mj/jw/5
Text: SSB02184 Text: SSB02186 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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