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  1. #1
    Join Date
    Dec 2015
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    3

    Default If a Roommate Moves Out, Must They Continue to Contribute to the Cost of Utilities

    My question involves landlord-tenant law in the State of: Virginia

    Hi guys,

    I'm new here and I'm in need of advice. So here is the situation: I have been living outside of my own apartment for about 3 and a half months. I have been successfully paying rent with no late fees as well as utilities (electricity/internet) even when I was not living there (out of kindness). The problem is, when I told my roommates that I will no longer be paying utilities because I was not living there and benefitting from it, they wanted to take me to a small claims court. One of my roommates messaged me saying that I am liable to pay for the utilities because she has proof that I have given her my agreement (through text messages and bank notes) on paying utilities. Also, she said that she will not pay for part of her rent until I pay for the utilities (I am the one who usually pays the full rent on one account with my roommate's share).

    However, I have called my leasing office and inquired about this. They said that I was not liable to pay the utilities because she has no written agreement with both a signature and a date. The best I can do is separate the account and pay my rent separately from them and the rest is up to them to deal with. However, I have talked to my roommate about this but she is still saying that she will take me to a small claims court no matter what. Do I have a chance of defending myself through any of this?

    Thanks.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: What Are the Implications of Not Paying Utilities when Roommate is Absent for Mon

    Sure, there's always a chance that you can defend yourself. Whether you can do so successfully depends on what's in the lease and what the roommate can prove you agreed to.

    You don't have sign a contract to have a contract and it shouldn't be too difficult to prove that there was a roommate agreement to share expenses (very common) based on the communications and your performance after moving out.

    If it came to a showdown in court you might still be obligated to pay your share of the utilities.

    Now explain why you moved out and are still paying rent after 3 1/2 months? You may have screwed yourself by continuing to pay.

    If you had stopped paying anything your roommate would have had the incentive (and likely the obligation) to replace you as soon as reasonably possible and failing to do so may have limited any debt you might have had.

  3. #3
    Join Date
    Dec 2015
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    3

    Default Re: What Are the Implications of Not Paying Utilities when Roommate is Absent for Mon

    Thanks for the feedback. Let's just say that the text message (my agreement to pay utilities of a year ago) has been found. The lease has no say in utilities at all, it is just rent that I need to be able to pay on time. However, the text message is not a legal written document so is that still liable for it?

    Also, to answer your question. I have moved out, but the lease is still in effect for 5 more months. I am in the process of finding a sublease that can take over my room. I was still paying rent because I am obligated to do so according to the lease.

  4. #4
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    Mar 2013
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    18,340

    Default Re: What Are the Implications of Not Paying Utilities when Roommate is Absent for Mon

    Quote Quoting asiannation
    View Post
    Thanks for the feedback. Let's just say that the text message (my agreement to pay utilities of a year ago) has been found. The lease has no say in utilities at all, it is just rent that I need to be able to pay on time. However, the text message is not a legal written document so is that still liable for it?
    Doesn't have to be a "legal written document."

    Needs only to be convincing "evidence" that an agreement existed.

    That evidence can be as simple as one person saying we had an agreement and the other person not denying it. The text message is evidence. That you continued to contribute toward the utilities after moving out is also evidence that the agreement existed.

    Quote Quoting asiannation
    View Post
    Also, to answer your question. I have moved out, but the lease is still in effect for 5 more months. I am in the process of finding a sublease that can take over my room. I was still paying rent because I am obligated to do so according to the lease.
    OK but, as I wrote earlier, continuing to pay eliminates the incentive for the other roommate to replace you and he/she can coast on your wallet until the lease expires and your obligation ends.

  5. #5
    Join Date
    Dec 2015
    Posts
    3

    Default Re: What Are the Implications of Not Paying Utilities when Roommate is Absent for Mon

    Okay, that makes sense. I am asking her for the evidence now and then we'll see what will happen next.

    Quote Quoting adjusterjack
    View Post
    That you continued to contribute toward the utilities after moving out is also evidence that the agreement existed.
    That makes sense, but as I said earlier, I was only doing it out of kindness for my former friend and roommate. I had no obligation (or I had thought) to pay those utilities.

    Also, I completely understand about the continued payment but it is more complicated than what I have previously stated. As I am still in college, my belongings such as my TV, bed and everything else including my pet ferret was still in there where I had no way of moving as my actual house is far. My new place does not allow pets so my ferret was not able to move in with me. Storage was not an option for him as well. The best I can do is show up regularly (once or twice a day) to the apartment that I once lived at and look after my ferret and then leave. Therefore, getting a new roommate was not possible at that time. However, because a new semester is starting and I am home now with all of my belongings and my pet, I am able to get in the process of finding a sublease for the room.

  6. #6
    Join Date
    Mar 2013
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    18,340

    Default Re: What Are the Implications of Not Paying Utilities when Roommate is Absent for Mon

    Quote Quoting asiannation
    View Post
    As I am still in college, my belongings such as my TV, bed and everything else including my pet ferret was still in there where I had no way of moving as my actual house is far. My new place does not allow pets so my ferret was not able to move in with me. Storage was not an option for him as well. The best I can do is show up regularly (once or twice a day) to the apartment that I once lived at and look after my ferret and then leave. Therefore, getting a new roommate was not possible at that time.
    That puts a different light on things. Obviously, you were still (technically) "in possession" possession of the premises with no way of replacing yourself so, yes, you were obligated for rent and utilities until you moved out completely.

    Quote Quoting asiannation
    View Post
    However, because a new semester is starting and I am home now with all of my belongings and my pet, I am able to get in the process of finding a sublease for the room.
    I don't think that changes your obligation to pay rent and utilities until you get a warm body into the apartment to take over paying the rent and the utilities.

    Keep in mind that, once that happens, you will remain the guarantor of your replacement's behavior until either the lease expires or both your roommate and the landlord agree in writing to release you from your obligations.

    A word of advice. Whoever you get to replace you I suggest a written agreement and a security deposit from that person.

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