Being sued for a utility bill that is not in my name.

[hajones5891]

(FL) I am being sued for an electric bill that is not in my name. Is this legal? My former landlord that rented to me made up a lease agreement that said I would pay the utilities. He wanted to keep the bills under his name because he didn't want to be "found out" by his mortgage company that hei wasn't living there.....he said it was to avoid fines from his mortgage company for illegally leasing the house out under certain terms. Anyway....I fell Behind on the utilities and after asking him to request a payment arrangement ( because I legally can not under his name) he said no......long story short my lease was up and the electric got shut off due to non payment. I have paid several hundred dollars since them to try to get the bill down. And now my former landlord says he is going to Sue me for the bill plus a reconnection fee. But all of this is in his name. I told him I would pay the bill but not the reconnect fee because it should have been in my name to begin with and if he would have set up a payment arrangement Like I had asked none of this would be an issue. He now says he is going to Sue me for the bill plus reconnect fees.....is any of this legal?

 

[swalsh411]

You agreed to pay the bill as a condition of the lease. Why should you not have to pay what you agreed? The issue with his mortgage company does not concern you. How would having the electricty in your name helped you pay for it?

 

[hajones5891]

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I agree I should pay the bill but I do not agree that I should pay the reconnection fees. If it was in my name he would have never been bothered with any utility bill problems. I am no lawyer but he illegally rented his home to me with no rental-home insurance and to me that would mean the lease would be void. I told him I was willing to pay the bill but not the reconnect fees. And he declined and wants to go to court.

 

[swalsh411]

How are you not responsible for the reconnection fee? You failed to pay the bill.

If it was in your name would have payed the bill? If yes then are you saying you failed to pay the bill because it wasn't in your name. If not, then you are saying you didn't have the money to pay the bill and the power would have been shut off anyway. Either way doesn't make you not responsible for the reconnection fee.

Claiming a lease is broken only gets tentants off the hook when they move out and the landlord tries to hit them with penalties. (for example if your landlord refuses to fix the heat and you are forced to move). If you continued to live there you can't all of a sudden claim the lease has been broken retroactively or that it was never valid to begin with. That's not going to fly in court.

Ultimately though it's up to him to make the case that you owe him money and up to a Judge to decide on the merits.