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  1. #1
    Join Date
    Feb 2012
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    29

    Default Is a Subtenant Responsible for the Master Tenant's Unpaid Utility Bill

    My question involves landlord-tenant law in the State of: Ohio
    Hi,
    I have an unique situation now. I signed a sublease on 20th May, 2015 through the apartment management for an apartment which was previously being rented by a Chinese guy. He left the apartment without paying his utility bills, which none of us (me and the apartment management) was unaware of until I received the bill from the energy company yesterday. The bill shows that he didn't pay the last month bill of $82.88 and so the utility company added that previous balance plus $10 late fee to my new bill of this month.
    Now, during the lease signing I asked the management to stop the service under the previous tenant's name and start the new service under my name on 20th May onward. But, I was told that they just need to switch the name and nothing needs to be stopped or started.
    No, when I received this bill I contacted the utility company and told them that I was not responsible for the previous balance as I only had the keys from 20th May onward. So, they need to contact the previous tenant regarding his dues. But the utility company told me that as the apartment management did not stop and start a new service under my name they would consider that I'm liable of the previous outstanding bill.
    So, then I contacted the apartment management and asked them to fix this. At this point, the management first told me that they actually tried to save my money as the utility company would have charged me $150 as deposit, so that's why they just switched the name instead of stopping and starting new service. Then I replied them that I would have preferred to pay $150 as deposit because that's refundable and I'll have it back from the utility company when I'm no longer a customer (in fact that happened to me before). Then, after a while the management replied me that there is nothing they can do as I "released" the previous guy from lease by signing the sublease and so any previous balance would be my responsibility. They advised me to contact the previous tenant to pay for his dues. However, I was told that he left the country as sometime ago when we tried to contact him for some reason there was no response and he told one of the apartment person that he was leaving the country.
    Then I went through the lease documents and I see that there are sections where it's stated that resident has to pay the utility bills.

    Now, here are my questions:
    1. How come I was a "resident" when I was NOT on the lease prior to 20th May? If I was NOT a resident for the time period, the disputed bill is concerned, why should I even bother?
    2. Both utility company and the apartment management are asking me to try to get a hold of the previous tenant. So, if I have an account (say, for cable) and I don't pay the bills, then is it not the responsibility of the company to go after me? So, why are they asking ME to do their part of work?
    3. The management kept saying that the financial responsibility would be solely mine in case of any prior dues. Why? Didn't they also sign the sublease with me to "release" him from the lease?
    4. Now, the apartment management accepted the fact that they "switched" the names on 20th May. That means I never signed any documents for this utility, it was the apartment management who hooked me up, right? So, if that's the case, why should I be even bothered for this bill? I'm not saying I won't pay the utility, I always have been paying and I will, but why should I be charged for somebody else's portion of bill?

    Any insights would be appreciated!
    Thanks in advance for reading!

  2. #2
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    Sep 2005
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    Default Re: Is a Subtenant Responsible for the Master Tenant's Unpaid Utility Bill

    What does your written contract with the master tenant say about responsibility for utilities, and transfer of utilities from the master tenant's name to your name? What, if anything, in the contract would make it the landlord's duty to stop the utility service in the name of the master tenant or to apply for utilities in your name?

  3. #3
    Join Date
    Feb 2012
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    29

    Default Re: Is a Subtenant Responsible for the Master Tenant's Unpaid Utility Bill

    Thanks for the question. I'm not sure if I understood your question very well but all I signed was an one page document called "Release of Liability". On that page it was written (which both me and the master tenant-who moved out signed) as: "The undersigned remaining occupants agree that the departing resident is no longer responsible for the lease with respect to the above premises and that the undersigned shall remain jointly and severally responsible for all obligations under the lease" And just before this statement there is a line stating: Resident released from liability: Master tenant's name.

    That's all I have. To my understanding, this means I've been added to the lease on 05/20/2015 and should follow ALL the rental responsibility beyond that date. But my question still remains as this only document where I signed didn't say anything about utility transfer/switch or stop/start service and as I'm become part of the residency from the said date the apartment management was supposed to be starting a new service from 05/20, but they didn't do that.

    So, should I fight for it? Or, juts take the bullet and pay the whole bill?

  4. #4
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    Default Re: Is a Subtenant Responsible for the Master Tenant's Unpaid Utility Bill

    From what you told us, you are a subtenant. You have not told us that you were added to the lease, and the document you describe (while potentially depriving you of recourse against the master tenant, your landlord) does not add you to the lease. Even if that document ostensibly added you to the lease, it does nothing to make the landlord responsible for anything in relation to utilities for your unit. You appear to be stuck with the bill.

  5. #5
    Join Date
    Jun 2015
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    988

    Default Re: Is a Subtenant Responsible for the Master Tenant's Unpaid Utility Bill

    I am not up on CA PUC practices...but seems to me that at best you have a contract with the prior tenant to hold him as prior master tenant harmless. You do not have a contract with the energy provider to pay them. The provider looks to thier customer of record to pay.. Once you become the new customer of record you pay for new usage plus any required security essentially the date you sign up with the firm for service...and they generally make a new read of meters.

    As an aide, your use of terms is confusing...are you a sub tenant or are you the new master tenant

  6. #6
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    Default Re: Is a Subtenant Responsible for the Master Tenant's Unpaid Utility Bill

    It's not unusual for a utility company to require that an unpaid balance for a residence be paid in full before they'll open a new account for an customer, even if there is a change of owner or occupant.

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