As landlords of a property, as indicated by the Urban Leases Act, the tenant is who will have to take over the payment of the rented supplies, unless the contract states otherwise.
However, there is an exception to this statement, being that if their property does not have individual meters, and that the contract does no mention of who has to bear the expenses for the supplies, the landlord is who must confront them. Though, the absence of individual meters is very uncommon.
Regarding with the supplier; we might face two possibilities. On the one hand, if the name that appears on control bills is the tenant’s, there would be no problems for the lessor, since it would be the same tenant the debtor in the eyes of the supply company, and the amounts pending would be claimed to him, in addition to supply cutting, creating an inconvenience for no one else than the tenant. Moreover, despite the possible cuts, the tenant will have to continue paying the monthly rent to the property owner.
On the other hand, should be the landlord who is on the contract with the supplies company, and the tenant pays the cost of supplies to the landlord or directly to the company, in the event of default, the company would subsequently claim the amount owed, to him, causing serious discomfort. However, in this case, the landlord is entitled not only to require the tenant to pay the entire debt, but also the completion of the contract and eviction for non payment of supplies, if necessary.
Once filed the eviction, the tenant will have to pay the outstanding debt within ten days, plus the costs incurred, in case of not wanting to leave the property. Yet this practice, known as enervation, can only be done once. Nor it shall be carried out in the event that the landlord has informed the tenant in a credible manner the existence of the debt and a period of thirty days has elapsed.
If tenants are in breach of their housing supplies payments, contact DAEMI ZABALZA & ASSOCIATES, where a lawyer specialized in this field can advise on how to act in the most favourable way for you.
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