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Bills included in rent but landlord wont pay!

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girl_student

Junior Member
I live in a one bedroom flat which is student accommodation. My rent has been fully paid up front which includes my bills. I have been receiving bills for electricity to my address since August 2005 and have been taking them to my landlord since then (which is very out of my way so annoying in itself!). I requested they change the bill delievery address and they said they would but haven't. I am now receiving debt collectors letters saying they will come into my property and take items to the value of the bill if i do not have the cash! But it is my landlord who owes the money not me! I am a 20 year old girl, im quite small and timid and very scared. Please tell me what i can do??!
 


HappyHusband

Senior Member
girl_student said:
I live in a one bedroom flat which is student accommodation. My rent has been fully paid up front which includes my bills. I have been receiving bills for electricity to my address since August 2005 and have been taking them to my landlord since then (which is very out of my way so annoying in itself!). I requested they change the bill delievery address and they said they would but haven't. I am now receiving debt collectors letters saying they will come into my property and take items to the value of the bill if i do not have the cash! But it is my landlord who owes the money not me! I am a 20 year old girl, im quite small and timid and very scared. Please tell me what i can do??!
First, tell us the name of the US state in which this is occuring.
Then, you'll probably need to pay the bills and then sue the LL in small claims.
 

xylene

Senior Member
Giving the name of your state would help ALOT.

If your landlord is bound by lease to pay the utilities, and he is not doing so, then you are being constructively evicted. The landlord cannot withold utilities, it is a breach of your lease.

Even if it wasn't specifically in your lease, but the landlord had been paying them but decided to stop, you might have a case.

You may need to move, and then sue your landlord for the return of the unused portion of your prepaid rent and any damages.

Please flesh out your situation more fully by answering these quesions

1) WHAT IS YOUR STATE?

2) Whose NAME is on the utility bills?

3) When does your prepaid period END? How much does your prepay work out to by month?

4) What exactly are the details of these collection letters?
 

girl_student

Junior Member
Im living in California.
There is no name on the bills just 'The Occupier'.
I have a copy of the contract stating that the landlord is paying the bills.
I had signed up for two years, my first year ending at the end of July, but have only paid up until July, the second year does not have to be paid until then. The amount works out at about $750 month.
The collection letters say i have 7 days to pay the bills or debt collectors will come and take the full amount in cash, or possessions, or cut off my supply.
I do not have enough money to pay the bill and then take my landlord to court - i am a student!!
 

xylene

Senior Member
Is Your Name "Occupier"

girl_student said:
Im living in California.
There is no name on the bills just 'The Occupier'.
I have a copy of the contract stating that the landlord is paying the bills.
I had signed up for two years, my first year ending at the end of July, but have only paid up until July, the second year does not have to be paid until then. The amount works out at about $750 month.
The collection letters say i have 7 days to pay the bills or debt collectors will come and take the full amount in cash, or possessions, or cut off my supply.
I do not have enough money to pay the bill and then take my landlord to court - i am a student!!
You are a student. Does you university have a legal aid department. See them. See your office of student housing. See you student aid office and or counseling center.

Your landlord is constructively evicting you.

Write the landlord. Not by phone. Send it by CRR. Inform the landlord that he must pay the utilities bills or they will be shut off. Under the lease agreement he is responsible for the bills. If the utilities are shut off you will have no choice but to consider yourself constructively evicted. Demand that the bills be sent to the landlord.

Do not bring the bills to the landlord. It is his responsibility.

If the utlities go out, and you are constructively evicted, demand the repayment of the prepaid rent.

DO NOT pay the July annual payment without having this worked out.
 

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