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Can the apartment complex make me liable for a utility bill from a previous tenant?

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Deb2004

Junior Member
I live in the state of Virginia. I took over a lease from a previous tenant that occupied the unit. The previous tenant did not pay the water bill while they occupied the unit. Tenants have to pay the water bill directly to the water company, if they don't, then it gets escalated to the leasing office. There is nothing in my agreement that says I pay outstanding balances from previous tenants. The apartment leasing office is now holding me liable for the outstanding balance from the previous tenant. Can they legally enforce this?What is the name of your state (only U.S. law)?
 


FarmerJ

Senior Member
When you took over this lease did you also have to apply as if you were a brand new tenant and pay a new deposit to the LL ?
 

sandyclaus

Senior Member
When you took over this lease did you also have to apply as if you were a brand new tenant and pay a new deposit to the LL ?
...or did you simply assume the lease with the remaining lease terms for the remainder of the existing lease period?

If the answer is the latter, then by assuming the existing lease, you also assumed the obligations of that existing lease, including any unpaid water bills left over by the prior tenant on that lease.

Otherwise, new lease, new lease terms, new lease period = no liability for any of the debt left by the old tenant.
 

Deb2004

Junior Member
Yes, when I took over this lease I had to apply as if I was a new tenant and I also had to pay a deposit.
 

FarmerJ

Senior Member
Send to the LL /property manager a letter via certified mail and in the letter incl a SASE and a copy of your lease and ask them to highlight the part of the lease that says you are obligated to a past tenants lease terms and send it back to you . If it comes up again after sending them the letter make it clear if they want to collect it from you they are going to have to take you to court to show a court where your current lease permits them to do this. Dont expect a lease renewal, do plan on taking exit pics to show the units final condition so if the LL acts unfairly when handling your deposit. Keep all communications with them in written form so you have paper trails. You may be fortunate and they may see the error and not act badly but treat this matter as if you are going to some day end up in court , including keeping a copy of your lease & letters to them in a safe place like a bank box.
 
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sandyclaus

Senior Member
Yes, when I took over this lease I had to apply as if I was a new tenant and I also had to pay a deposit.
Then as a new tenant (and not a tenant who is assuming an existing lease), I would have to say that any unpaid water bill balance left by the previous tenant is between that tenant and the LL/apt management/water company.

There's no reason they should be able to hold you liable for the water usage from a previous occupant of the apartment in your situation. That would be like trying to charge you for car insurance because the person you bought the car from didn't pay their own.
 

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