QUESTION
Am I responsible for utilities in landlord's name if I signed no contract in Tennesse?
Asked on Aug 01st, 2012 on Landlord and Tenant Law - Arkansas
More details to this question:
My past landlord (from July 2010 until June 2012) says I owe her $124 for utilities, after I have vacated the home and is threatening to get a judgment against me.
We never had a contract or lease, and agreed that I would only pay rent and help with the yard. She started asking that I pay for half of the gas and water bills, even though her part of the property used the majority of the utilities. I believe I overpaid her for utilities for the entire time I rented there. I tried to reach a settlement with her but she refused to sign it and is says she will sue me for $124 plus court fees and lawyer fees.
My question is, what can I do in this situation? Does she have a case against me? And how can she even seek judgment if I’m offering to pay her?
4 ANSWERS
Dennis P. Mikko
Anyone with the filing fee can file a lawsuit. It would then be up to the court to determine if there is a viable claim. In your case, the verbal contract should be valid assuming she agrees that what you said are the terms. You can do little to resolve this matter is your landlord does not want to. However, if she should file suit, make sure you answer the complaint and appear at any scheduled court hearings. As for her collecting attorney fees, in most jurisdictions, attorney fees, other than nominal statutory fees, are not awarded unless there is a violation of the court rules regarding frivolous pleadings.
Answered on Aug 16th, 2012 at 2:02 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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If you had no contract in writing and only had an oral agreement to pay rent and help with the yard, you should not be required to pay for half the utilities now that you are gone. Three things to note: 1. If she is only suing you for $124, I am assuming that she will go to small claims as no attorney is going to take a case to try to collect only $124. 2. Under Missouri law, a party can only get attorney's fees if it is in the contract or by statute. Since you had an oral agreement, I do not see how you would be responsible for attorney's fees. Under Missouri law, I do not know of a statute that would give the landlord attorney's fees. I do not know the law in Tennessee. 3. If she did sue you in small claims, your argument would be that you never paid utilities and if you had canceled checks or receipts to back this up on your previous rent payments, you could show these to the judge.
Answered on Aug 16th, 2012 at 2:02 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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No, but you may be forced to defend yourself in court so if you are served with papers, respond.
Answered on Aug 16th, 2012 at 2:00 PM
No lawyer is going to get involved for a $124 case. It is a small claims amount in every state in the country, and small claims judgments usually cannot be certified in other states. So, even if there is a default small claims judgment against you, there is realistically no way to enforce it. Frankly, I would simply stop taking her calls and not worry about the matter anymore.
Answered on Aug 16th, 2012 at 2:00 PM