Legal Question in Civil Litigation in Florida
utility bill
Bought a house in Pinellas County Florida on Dec 1, 2006. Former owners did not pay Oct & Nov water bill. County says that I, as the property owner am liable for the bill under Florida statutes 125.485, 687.01 and county code 126-2. If i don't pay they will shut my water off. How can I be liable for a utility bill if I didn't own the property at the time the service was renderred.
2 Answers from Attorneys
Re: utility bill
section 125.485 applies only to rental units and not to owners. section 687.01 deals with interest -- nothing to do with water bills.
Ask to see the ordinance. I would be surprised if it allowed you to be charged for the water usage of a prior owner.
Re: utility bill
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Without discussing whether or not the Statutes are being interpreted correctly, I would suggest that you contact the closing agent or title company who had the responsibility to make sure that all outstanding obligations were paid. If he/she/it did not escrow funds for the final utility payments or otherwise correctly handle this matter, the responsibility would be theirs to pay this obligation.
In South Florida, attorneys acting as the closing agent routinely order Lien Letters prior to a closing which verifies all existing utilities , taxes, and other government obligations for the subject property. Appropriate payments or prorations are then made at closing. Also, monies are often escrowed for the final utility bills pending payment by the seller.
Scott R. Jay, Esq.