Judges: CHARLES C. FOTI, JR., Attorney General
Filed Date: 11/14/2007
Status: Precedential
Modified Date: 7/5/2016
Dear Mayor Billiot:
You have requested an Attorney General's Opinion regarding the enactment of Westwego Code of Ordinances Section 27:31(c). Specifically, you question whether the property owner/landlord can be held responsible for a tenant's utility bill. Under Louisiana law, the property owner/landlord cannot be held responsible for a tenant's utility bill in the absence of a specific agreement.
First, this ordinance raises the question of whether the property owner/landlord can be held jointly liable with a tenant for all reinstallation fees, charges, and penalties relating to the reconnection of the water supply when that supply has been disconnected due to the excessive delinquency of the tenant. When different obligors owe together just one performance to one obligee, but neither is bound for the whole, the obligation is joint for the obligors. LSA-C.C. Art.
Second, this ordinance proposes to hold the property owner/landlord severally liable with the tenant for the utility bill. When each of different obligors owes a separate performance to one obligee, the obligation is several for the obligors. LSA-C.C. Art.
Finally, the ordinance in question proposes to hold the property owner/landlord solidarily liable for the tenant's utility bill when the tenant who incurred the fees no longer resides at the property. An obligation is solidary for the obligors when each obligor is liable for the whole performance. LSA-C.C. Art
Therefore, Westwego Code of Ordinances Section 27:31(c), as it is written, appears to be in violation of law. The property owner/landlord cannot be obligated to pay for the reinstallation fees, penalties, and other charges incurred by his tenant without giving express consent through a contract.
We trust the foregoing to be of assistance. Please do not hesitate to contact this office if we can be of help to you in the future.
Very truly yours,
CHARLES C. FOTI, JR.
ATTORNEY GENERAL
BY: _________________________
Susan Crawford
Assistant Attorney General