QUESTION

Do I still have to pay for utilities if I am not living in the apartment?

Asked on Jan 03rd, 2012 on Landlord and Tenant Law - Arizona
More details to this question:
I recently moved out of an apartment with a roommate. My name is on the lease and I am still paying rent. Utilities were not included in the lease. All utilities are in roommates name. Do I still have to pay for utilities even though I am not living in the apartment. There is no roommate agreement. She is wanting to sue in small claims court. Would a judge rule in her favor?
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8 ANSWERS

Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
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Retain counsel if you get sued until then don't worry about it.
Answered on Jul 08th, 2013 at 1:06 AM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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No. I think that you would win.
Answered on Jan 09th, 2012 at 10:54 AM

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Diane Marilyn Sternlieb
If the utilities are not in your name and you have moved. You are not responsible for utilities being consumed by the current tenants in possession.
Answered on Jan 09th, 2012 at 10:07 AM

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You should be fine so long as you can prove that you moved out and you have paid your share of the utilities for the time you were in residence.
Answered on Jan 09th, 2012 at 10:01 AM

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Real Estate Attorney serving Las Vegas, NV at Kern Law
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If I understand correctly, you were roomates, and both on the lease, but were splitting utilities (which were in your roomate's name) as most roomates do, without any formal agreement regardings utilities in place. You moved out, but because the lease was still going, you continued to pay rent, but have stopped paying utilities - is this correct? Based on the above facts, you should have no duty to pay a share of unilities you're no longer using. I cannot promise what a judge would decide, but if he or she follows the law, you would not be liable.
Answered on Jan 09th, 2012 at 9:54 AM

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General Practice Attorney serving Woburn, MA at AyerHoffman, LLP
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Unless you had a contract with your roommate to pay utilities for the duration of the lease, it is unlikely she could prevail. She would have to demonstrate you breached some duty to pay. Where you no longer reside in the apartment and no longer receive the benefits of the utilities there, any payment to her for the utility bills incurred after you left would be an unjust enrichment to her. Courts frown on unjust enrichment.
Answered on Jan 08th, 2012 at 2:54 PM

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Kevin Elliott Parks
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

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Landlord and Tenant Law Attorney serving Avondale, AZ
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In the absence of a written agreement, a judge will look at the conduct of the parties. If you paid rent and a portion of utilities while you were there, then you will likely have to pay the same portion for any time you were in the unit. If you have moved out AND have stopped paying rent, then it logically and legally follows that your obligation to pay a portion of the utilities also stopped.
Answered on Jan 08th, 2012 at 2:43 PM

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