Landlord Automatic Transfer of Service Terms & Conditions

TERMS AND CONDITIONS

This Landlord Automatic Transfer of Service Agreement (the “Agreement”) is entered into by and between Florida Keys Electric Cooperative (“FKEC”) and the Property owner or managing agent authorized by the Property owner (the “Landlord”) as of the date executed by FKEC.

Section I – Recitals:

  1. Property Ownership: Landlord is the owner or managing agent for the owner of a certain real property (the “Property”) and is a member of FKEC.
  2. Utility Provider: FKEC is the utility company providing electric service to the Property.
  3. Service Continuity: The Landlord elects to have electric service to the Property continue uninterrupted after a tenant of the Property has ordered that the service in a tenant’s name be disconnected. The service will be transferred to an account established in the Landlord’s name, with an evaluation for the necessity of a residential billing deposit.
  4. Participation Conditions: Participation in the Landlord Automatic Transfer of Service Agreement program requires the Landlord’s account to be current and in good standing, with no outstanding balances, and registered with SmartHub for email notifications.

Section II – Agreement: Therefore, the parties do hereby agree as follows:

  1. Automatic Transfer: Upon a tenant’s request for service disconnection, FKEC will automatically transfer service to the Landlord’s account without terminating service to the Property. The service transfer will become effective when the tenant’s disconnect request is scheduled to become effective.
  2. Exceptional Cases: The service will NOT be automatically transferred into a Landlord’s name if service to a tenant has been disconnected for non-payment or for violating FKEC’s service rules or policies. Such disconnections may occur without Landlord notification.
  3. Notification Responsibility: The Landlord agrees to receive transfer notifications via email through SmartHub. The Landlord is responsible for monitoring notifications and maintaining a valid email address registered on SmartHub. FKEC is not liable for accounts transferred without proper notification due to software or internet issues.
  4. Payment Obligations: The Landlord shall promptly pay all bills when due. Failure to pay the bill in a timely manner for service provided to an account in the Landlord’s name may result in disconnection of service and/or termination of the Agreement.

Section III – Governing provisions:

  1. Service Responsibility: Electric service shall remain in the Landlord’s name when not in a tenant’s name.
  2. Financial Liability: The Landlord is responsible for all bills incurred while service is in the Landlord’s name.
  3. Tenant Actions: The Landlord is liable for all electric service to the Property from the date FKEC transfers service, regardless of the awareness of tenant actions. FKEC will not intervene in landlord/tenant disputes.
  4. Property Status Notification: The Landlord must notify FKEC upon Property sale or cessation of management. Charges incurred before notice remain the Landlord’s responsibility.
  5. Termination Rights: FKEC reserves the right to terminate service for non-payment according to its policies and this Agreement.
  6. Billing Transfer: Unpaid bills in the Landlord’s name will transfer to the Landlord’s permanent account, with reversion account bills sent to the Landlord’s recorded email or address.
  7. Ownership Verification: FKEC may request proof of ownership or management authorization for accurate identification.
  8. Duration: This Agreement remains in effect until notice of Property sale or management cessation, termination notification, or inadequate payment record. To cancel the agreement or report Property sales, notify FKEC in writing to tavfrontoffice@fkec.com or PO Box 377, Tavernier, FL 33070. The Landlord remains responsible for electric services until FKEC receives written notification.