Who is Responsible for Utility Bills During a Sublease

My question involves landlord-tenant law in the State of: Rochester, New York (state and not NYC)

I am currently on a sublease and my lease with her does not state anything about utility responsibility at all. There is also another person living there who is on a sublease as well with the same person I am. Apparently, the utilities are in the other person's name and not the person we sublease from. My sublease is with the person I am renting from and not the other person living there who has the utilities in their name.

3 months after moving in, they are now trying to make me pay for utilities. The owner of the property who has the main lease, with the person I am subleasing from, has recently gotten a notice from the power company about a shutoff due to a deliquent account.

My rent has always been paid on time, if not early, and I prepaid my rent for the duration of my lease.


Am I responsible for utility charges if it is not in my lease?

What do I do if, and when, the power is shut off, or any other utilitities?

"What do I do if, and when, the power is shut off, or any other utilitities? "

I'd suggest getting with the person whose name is on the account and pay them your share of the the money owed for the utilities. Unless you like sitting in the dark.

"Am I responsible for utility charges if it is not in my lease?"

Did your lease say utilities were INCLUDED? Have you been using electricity and water or sitting in the dark without a shower for the past three months?

Gail

I appreciate the response, but I was looking more for a legal response to my questions.

"What do I do if, and when, the power is shut off, or any other utilitities?"

You're in a sublease, you've prepaid your rent for the duration of the lease and you've received notification from the power company about a shutoff due to a delinquent account.

What do you plan on doing if the power is shut off? Move out and lose all the rent you've prepaid? Argue that you don't owe for utilities by candlelight because such wasn't included in your lease? How about a little common sense here?

Gail

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Quoting Ben Folds5

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Am I responsible for utility charges if it is not in my lease?

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No, you are not contractually obligated to contribute to the utility bill.

Now heed Gail's words about common sense and do what you gotta do to avoid a shut off even if it means putting up some money.

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Quoting adjusterjack

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No, you are not contractually obligated to contribute to the utility bill.

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Thank you for the legal response.

If you happen to know, isn't supplying essential services to a tenant required by law, and a criminal offense if they are disconnected?

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Quoting Ben Folds5

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isn't supplying essential services to a tenant required by law, and a criminal offense if they are disconnected?

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Here's the NY statute (part of the landlord tenant laws):

http://law.justia.com/codes/new-york...article-7/235/

Where an owner provides those facilities and requires the tenant to have the accounts in the tenants' own names and pay for them, it is between the tenant and the utility companies if the utilities are shut off for non-payment.

If a tenant subleases parts of the unit to others, that tenant can make any kind of contractual agreement with a sublessee regarding whose name is on the utility accounts and who pays.

Let's identify the parties in your situation (as far as I can decipher from your first post).

Owner - A
Tenant - B rents from owner A
Tenant - C rents from B
Tenant - D (you) rents from B

Apparently B (for some reason) has an agreement with C whereby C has the utilities in C's name.

Apparently you - D - have a written agreement with B and that agreement does not provide that you share in the cost of the utilities.

Apparently C - has not paid the bill and the utility company is threatening shut-off for non-payment and sent notice to the owner of the property.

"They" (who you have not specifically identified) are now asking you for money for the utility bill.

Assuming that your agreement with B does not provide that you share in the utility costs then it can be concluded that utilities are included in your rent and you have no contractual obligation to contribute.

I don't see the owner having any responsibility here since the utility accounts are (according to your post) not in his name.

I don't see anybody committing the "infraction" addressed by the statute because inability to pay is not likely to rise to a "willful and intentional" shutting off of the facilities.

If the utilities are shut off for non-pay, however, it is my interpretation under Section 235-B that the unit is no longer inhabitable:

http://law.justia.com/codes/new-york...ticle-7/235-b/

And you may leave without penalty under Section 227:

http://law.justia.com/codes/new-york...article-7/227/

On the other hand, if you decide to stay and contribute to the cost of utilities you may deduct that amount from future rent payments under Section 235-A:

http://law.justia.com/codes/new-york...ticle-7/235-a/

You should become familiar with the entire NYS landlord tenant statute:

http://law.justia.com/codes/new-york...rpp/article-7/

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Quoting adjusterjack

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"They" (who you have not specifically identified) are now asking you for money for the utility bill.

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Thank you so so much for your time. You broke that down correctly and explained that so well.

The "they" I didn't clarify is Tenant C who is demanding $$, which I am not contractually obligated to in any way.

You are awesome, adjusterjack! Thank you again.