Utility Liens and Shut-offs
- A water-sewer district owns and operates the utility. (change)
- The utility chooses to pursue a lien. (change)
- A tenant resides at the service address and the account is in the tenant's name (change)
- The owner requested to be notified of the tenant's delinquency (change)
- The utility did not provide the requested notice to the owner (change)
Conclusion
According to the information you have provided, the utility may not file a lien to secure the delinquent charges against the premises served for the following reason:
- The utility did not provide notice of the tenant's delinquency to the owner.
Explanation
- When an owner properly requests notification in the event of a tenant's delinquency and the utility fails to provide the requested notice once the tenant becomes delinquent, the utility forfeits its lien for unpaid charges. RCW 57.08.081(7)
Legal Authority
Disclaimer
Regarding General Use of Information:
These materials are informational and are subject to change without notice. MRSC and SAO have made good faith efforts to provide reliable interpretations of Washington State and federal law relating to utility liens and shut-offs. This information is not intended to supplant due diligence by your agency's staff, and your agency may have established additional requirements that are not reflected in this tool. Always consult your agency's legal counsel, policies, and ordinances before pursuing a utility lien or shut-off. Neither MRSC or SAO or any officer, or employee of MRSC or SAO warrants the accuracy, reliability, or timeliness of any information or interpretation in these materials and shall not be liable for any losses caused by such reliance on the accuracy, reliability, or timeliness of such information or interpretation. Neither MRSC nor SAO are legally bound by any information or interpretation set forth in these materials.