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Unpaid utilities by former tenant

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t74

Member
What is the name of your state?OK

The current tenant established the utilities account upon movein.

The former tenant did not pay the water bill. The utility company pulled the meter for non payment and the current tenant had to pay a fee to have the meter reinstalled but not the unpaid bills.

Who would be sued in small claims court? The landlord? The former tenant?
 


not2cleverRed

Obvious Observer
Who would be sued in small claims court? The landlord? The former tenant?
Landlord should reimburse the current tenant for the expense, and then the landlord may pursue reimbursement from the prior tenant.

The current tenant's agreement is with the landlord, not the previous tenant. If there is a lease, it very likely includes language about the landlord's obligations. Those obligations include something about utilities.
 

t74

Member
Landlord should reimburse the current tenant for the expense, and then the landlord may pursue reimbursement from the prior tenant.

The current tenant's agreement is with the landlord, not the previous tenant. If there is a lease, it very likely includes language about the landlord's obligations. Those obligations include something about utilities.
I have her look at the lease. I would have never thought that this would be a component of one; that never was for any of ours.

Since she is older, I'd already referred her to Legal Aid, but they are bad about responding. I thinkshe is capable of completing the forms for Small Claims once she knows who to file against.
 

quincy

Senior Member
I have her look at the lease. I would have never thought that this would be a component of one; that never was for any of ours. ...
I use a pretty standard lease for my rentals, and UTILITIES are addressed in point number 2 of the lease agreement, right after the number 1 provision on SECURITY DEPOSITS.

Our UTILITY lease provision reads:
“Resident(s) agree(s) to transfer the publicly metered utilities in their name at the time of move-in and to keep them turned on, paid in full and not to discontinue or interrupt the publicly metered utility during their residency. Resident(s) will be charged directly, or by our Utility Billing Company, for applicable electricity and/or gas which is not transferred to Resident(s) own name, in addition to administration fees (per occurrence and per utility type) and late fees (see Utility Addendum), effective the date of move-in. In addition, Resident(s) agree(s) to pay for all other utilities as described in the Utility Addendum. Landlord will consider any unpaid utilities as additional rent owed.”

The “Utilities Addendum” is a page long and addresses water/sewer costs and trash removal fees which in my leases are included with the monthly rent payment. Water is not paid separately.

If the dispute is over a water bill, however, the correction needs to be made by the water company and that is from whom your tenant needs to seek reimbursement. The landlord has no control over how a utility company bills their customers.
 

Zigner

Senior Member, Non-Attorney
The tenant is not responsible for a prior tenant's utility bill, and would be perfectly within his/her rights to seek compensation from the LL.
 

quincy

Senior Member
The tenant is not responsible for a prior tenant's utility bill, and would be perfectly within his/her rights to seek compensation from the LL.
Not if billed separately for the utility.

As I said, the lease agreements I use include the water costs with the rent payment and that makes errors in payment amounts due for water my responsibility. If the water bill comes separate from the rent payment, the error needs to be corrected at its source - which in this case appears to be the water company.
 

Zigner

Senior Member, Non-Attorney
Not if billed separately for the utility.

As I said, the lease agreements I use include the water costs with the rent payment and that makes errors in payment amounts due for water my responsibility. If the water bill comes separate from the rent payment, the error needs to be corrected at its source - which in this case appears to be the water company.
This is not an "error". This is an unpaid bill from a prior tenant. The new tenant would not be responsible for that because the LL should turn over the property without this sort of problem. The tenant will not be expected to track down the former tenant for reimbursement.
 

quincy

Senior Member
This is not an "error". This is an unpaid bill from a prior tenant. The new tenant would not be responsible for that because the LL should turn over the property without this sort of problem. The tenant will not be expected to track down the former tenant for reimbursement.
This is a bill from the water utility company over an unpaid bill. The utility is responsible for collecting the unpaid balance from the previous tenant. The correction needs to be made by the utility company, not by the landlord.

Had the water bill been part of the amounts collected by the landlord, then it would be the landlord’s responsibility to collect the unpaid balance from the previous tenant.

It would be nice for the landlord to pay the unpaid water bill and seek reimbursement from the previous tenant but it is not the landlord’s responsibility to do that. A water bill that comes directly to a tenant from the water company should be treated no differently than a cable or Internet service bill from those companies.

The tenant that owes an unpaid balance is the one who is ultimately responsible but the water company is the one who needs to be making changes to the current account and then seek reimbursement from their former customer.
 

PayrollHRGuy

Senior Member
It would be nice for the landlord to pay the unpaid water bill and seek reimbursement from the previous tenant but it is not the landlord’s responsibility to do that.
It is the responsibility of the LL to provide a habitual property. One that can't get water because the previous tenant didn't pay the water bill is not habitual.

This is little different than if a new tenant moved in and found that the previous tenant had removed the toilet.
 

Zigner

Senior Member, Non-Attorney
The LL must provide utilities (even if paid for by the tenant). It's not the tenant's responsibility to pay the prior utility bill in order to actually obtain service, nor is it their responsibility to duke it out with the utility company over a prior unpaid balance. The LL should reimburse the tenant and then go after the former tenant.
 

Zigner

Senior Member, Non-Attorney
It is the responsibility of the LL to provide a habitual property. One that can't get water because the previous tenant didn't pay the water bill is not habitual.

This is little different than if a new tenant moved in and found that the previous tenant had removed the toilet.
Habitable, but yeah, that. ;)
 

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