Conversion to direct billing for garbage service
(1) A landlord may unilaterally amend a rental agreement to convert the method of billing a tenant for garbage collection and disposal from rent-included billing or pro rata billing to a billing method in which the service provider:
(a) Supplies garbage receptacles;
(b) Collects and disposes of garbage; and
(c)(A) Bills the tenant directly; or
(B) Bills the landlord, who then bills the tenant based upon the number and size of the receptacles used by the tenant.
(2) A landlord shall give a tenant not less than 180 days’ written notice before converting a billing method under subsection (1) of this section.
(3) If the cost of garbage service was included in the rent before the conversion of a billing method under subsection (1) of this section, the landlord shall reduce the tenant’s rent upon the first billing of the tenant under the new billing method. The rent reduction may not be less than an amount reasonably comparable to the amount of rent previously allocated for garbage collection and disposal costs averaged over at least the preceding year. Before the conversion occurs, the landlord shall provide the tenant with written documentation from the service provider showing the landlord’s cost for the garbage collection and disposal service provided to the facility during at least the preceding year.
(4) A landlord may not convert a billing method under subsection (1) of this section less than one year after giving notice of a rent increase, unless the rent increase is an automatic increase provided for in a fixed term rental agreement entered into one year or more before the conversion. [Formerly 90.533]
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