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Utilities Included? Does LL owe me $$$?

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aztenant

Junior Member
What is the name of your state (only U.S. law)? Arizona

OK so...the LL's (married couple) and I signed a 1 year lease ($700/mo) for a house back in May 2009. I have the electricity and water connected in my name, house lease is under my name w/ my kids residing w/ me. I have paid the utilities out of my own pocket from May-Aug. So here is where the issue lies. I hand delivered (w/ a witness) my LL a letter along w/ copies of my past utility bills to apply credit towards rent owed for the utilities that I paid. My LL's are now threatening to put me and my kids out on the street unless I come up with the $940.60 that they say I owe them for rent. My lease CLEARLY states that "Tenant will pay all utility charges, except for the following, which will be paid by Landlord:" at which point on my lease it states "City of Peoria Water-Garbage Tue-Fri, SRP Electric" written by 1 of the LL's in her own hand writing. Does having the utilities in my name and me paying the city/elec company directly change the fact that they should be included in my lease agreement and that my LL's owe ME for monies that I have applied towards utilities? I plan in the future to attach my receipts for utilities and deduct the amount from the $700/month that I owe my LL's. Any helpful advice would be appreciated...thank you for reading my post.
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Arizona

OK so...the LL's (married couple) and I signed a 1 year lease ($700/mo) for a house back in May 2009. I have the electricity and water connected in my name, house lease is under my name w/ my kids residing w/ me. I have paid the utilities out of my own pocket from May-Aug. So here is where the issue lies. I hand delivered (w/ a witness) my LL a letter along w/ copies of my past utility bills to apply credit towards rent owed for the utilities that I paid. My LL's are now threatening to put me and my kids out on the street unless I come up with the $940.60 that they say I owe them for rent. My lease CLEARLY states that "Tenant will pay all utility charges, except for the following, which will be paid by Landlord:" at which point on my lease it states "City of Peoria Water-Garbage Tue-Fri, SRP Electric" written by 1 of the LL's in her own hand writing. Does having the utilities in my name and me paying the city/elec company directly change the fact that they should be included in my lease agreement and that my LL's owe ME for monies that I have applied towards utilities? I plan in the future to attach my receipts for utilities and deduct the amount from the $700/month that I owe my LL's. Any helpful advice would be appreciated...thank you for reading my post.
From what your lease states, the LL should be paying for water, electricity & trash service. You would be justified to demand a rent credit for the bills you've paid.

Does the lease say anything about charging you for the use of utilities under the control of the LL?
The LLs made a big mistake if they did not include wording in the lease to charge you for these utilities. And YOU made a big mistake by turning on the services under YOUR name.

I suggest that you write a strongly-worded letter (certified mail RRR) stating that if they try to evict you for non-payment that you will disconnect the utilities and they will be required to turn them on in their name (which they would be required to do under that same lease). By failing to provide utilities as specified in their lease, they would be in breach of the lease.

Either way, as the lease is written, they must pay for those utilities.
 

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