Tenant responsible for utilities?

[Kailef]

What is the name of your state (only U.S. law)? Kentucky

So here is the situation. The owner of the property is renting it out to her son. Her son had a girlfriend of many years. When she first acquired this property, both her son and his girlfriend started living in it. They are considered "tenants at will". There is no lease or contract because she bought the property for her son. Both her son and his girlfriend were paying the bills this whole time. Her son would pay the rent and his girlfriend paid all the utilities. Well, after several years the relationship has ended. The girlfriend refused to leave so she was served with a 30 day eviction notice. She's moved out now, however there is a matter of a $1300 light bill and roughly a $100 water bill. The way the utilities bill works is you are billed for the month prior. So for example, when she was living in there the month of January while the relationship still existed, she received Januarys bill in February. She was served on February 12th and moved out on March 12.

Since there is no contract and they are considered tenants at will, can she be held partially(50%) responsible for those utilities? The utilities are in the landlords name, but there was a mutual understanding that they(landlord's son and son's girlfriend) paid the rent and all utilities. The son still lives in the property and he knows he should be paying half of those bills, but shouldn't she be held responsible as well?

I'm not too familiar with the tenant and law statutes when it comes to tenants at will in the state of Kentucky. Not entirely sure if we can hold her responsible legally, so that is why I'm asking. If we can hold her responsible, then what kind of statutes or legal terms can we present in a case like this to help in our favor?

 

[Stephen1]

My opinion - law doesn't worry about which person pays the utilities only that they get paid. Son was living there in January. He needs to make sure January's utilities are paid. How the members of the household divide up the responsibility for the expenses is nobody's business but the son's (and his now former girlfriend). Bottom line - son needs to get utilities paid.

 

[FarmerJ]

politely but firmly tell your son he made a choice to live with her until they parted that doesn't mean its fair to you to pay any part of that bill so tell him you expect him to re pay you for it and that those bills will be transferred to his name so your not having to deal with it any more.

 

[adjusterjack]

I'm not too familiar with the tenant and law statutes when it comes to tenants at will in the state of Kentucky. Not entirely sure if we can hold her responsible legally, so that is why I'm asking. If we can hold her responsible, then what kind of statutes or legal terms can we present in a case like this to help in our favor?

There aren't any.

If the utility accounts are in the owner's name, then the owner is ultimately responsible for paying them.

If, by "hold her responsible" you mean sue the ex-girlfriend and get a judgment and then collect, that depends entirely on whether there is a provable agreement that will hold up in court.

Good luck with that.

And if you don't want to go to court all you can do is ask the girl for the money and if she says no (which is likely) then owner and/or son will have to pay the bill or risk getting the utilities turned off and the account holder's credit trashed when it goes to collections.

 

[Kailef]

Thanks very much for the responses. I will relay the information to them. Everything I found on google told me the landlord would ultimately be responsible because of the bills in her name. I just wasn't certain. The only provable agreement she may have to present in a court of law would be her word and her son's word against his former girlfriends word. That'll just be a he said she said argument, which don't always hold up.

Well, thanks again for the information from everyone. I really appreciate your time and thoughts on the matter. I guess the important lesson to learn on the matter is not to rent to family lol. Glad it's not me in the situation, but it is other family members. I was just asking for them.

 

[HRZ]

IF the ownernwas leasing the property to he

 

[quincy]

IF the ownernwas leasing the property to he

... I sense there is an unfinished thought here.

 

[LdiJ]

There aren't any.

If the utility accounts are in the owner's name, then the owner is ultimately responsible for paying them.

If, by "hold her responsible" you mean sue the ex-girlfriend and get a judgment and then collect, that depends entirely on whether there is a provable agreement that will hold up in court.

Good luck with that.

And if you don't want to go to court all you can do is ask the girl for the money and if she says no (which is likely) then owner and/or son will have to pay the bill or risk getting the utilities turned off and the account holder's credit trashed when it goes to collections.

And if you take her to court and get an actual judgement against her, good luck actually collecting on it.

 

[HRZ]

... I sense there is an unfinished thought here.

Yes, missed it ...If the owner was leasing the unit to her son as tenant she leans on the tenant to pay the bills as agreed.

Owner would be smart to have a written lease with her tenant / son that adaquately protects landlord .

IF tenant has a dispute with his now departed subtenant as to bills, he chases his subtenant .

Generally I think it's unwise for LL to have utilities in her name if the tenant is supposed to be paying them