If your name is still on the lease and you're still paying your share of rent, you're likely fighting an uphill battle. The Judge will likely look back to what the situation was before you moved out (i.e., were you both splitting the utilities equally?), as well as what caused you to move out in the first place (though ultimately that might not matter all that much, anyway.) You have a couple arguments, but neither is likely to get you completely out of paying utilities. First, depending on why you moved out, it would seem that it may well be cheaper in the long run for you (depending on the terms of your lease, etc.) to simply terminate the lease. If the other tenant wants to stay, that's fine but they can create a new lease with the landlord using just their name. The damages for breaking a lease prematurely are often governed by the lease agreement itself (sometime there's a, say, $500 penalty), and then you can be liable for the difference between when you move out and a new tenant moves in (rent, utilities, and advertising costs). If the 'new' tenant is already there, though, it's minimal. (Of course, this assumes that the current tenant would qualify for the apartment on her own, etc.) However, if you're taking about utility bills that go from now back to the date when you moved out, it's a bit different story. Absent an agreement with the other tenant that states you don't have to pay them, you're probably out of luck. Your best bet might be for a reduction in the amount, as most utility bills (gas, electric, water) have certain flat fees (for which you'll likely be 50% responsible) and also usage fees (the majority of the cost) that you didn't utilize, etc., which should be your ex-roommate's responsibility. The judge might not see it that way, of course, though, as there's no guarantee how he/she would weigh the testimony of you vs. your ex-roommate, in context of the entire situation. Judges tend to try to find an equal split whenever appropriate, though, so I'd imagine that's likely the default here, barring other circumstances.
Answered on Jan 08th, 2012 at 2:49 PM