Results 1 to 3 of 3
  1. #1
    Join Date
    Feb 2016
    Posts
    2

    Default Is a Roommate Responsible for Half of the Utility Bills

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

    I'm currently in a lease until the end of July with a girl I don't know very well. We've had a number of issues the past few months. To keep it simple and relevant, my roommate and I agreed on basic etiquette for the home (such as keeping our shared spaces clean, which hasn't happened... don't get me started) and to share the utilities. We had vaguely discussed the fact that I am rarely home (a max of three nights a week due to work and boyfriend) and therefore if utilities get high we would not be splitting them evenly, for fairness. However, every month we have been splitting them 50/50. The cable, water and sewage are in my name. The electric is in her name. We have nothing signed in writing.

    My roommate had stopped paying me utilities in late December until a couple of days ago when she finally wrote me a check for January. But she hasn't written me a check for this month's utilities (it seems like she is waiting for me to pay her for this month first). Please note that I have never been late paying rent, utilities in my name or paying her for the electric bill. However, this month she is telling me that the electric bill is $110, when in the past it was no more than $60. It's Indiana and it gets cold here in the winter but I have only been home one night a week at MOST since the start of January, and I find the electric bill to be excessive for one person. Therefore, I am considering only paying her a small portion of the bill, as we discussed at the start of the lease.

    A few weeks after moving in, my roommate posted a note on the fridge that neither of us signed but she called it our agreement, despite the fact that many of the terms I never agreed to and we never talked about. But I've left it on the fridge and it didn't cover the idea of not splitting the utilities 50/50, so I wonder if that fact, and the fact that we have a history of splitting them evenly, would work against me in court should she choose to sue for whatever I don't pay her in electric.

    Given all the problems I've had with her not paying me (on time or at all), I am wondering what the legalities are behind me not paying her. She's a petty person and I feel like she'd jump at the opportunity to take me to small claims court or some such, but I'm not sure if she could or if she'd even have a case considering she's doing the same. What kind of risk am I looking at here if I decide to stop paying my share of the electric bill? Do you think her case would hold in court, should it come to that?

    ETA: I am still technically living in the apartment since my things are still in there and I do stay there once a week or so. I've not had plans to do any subleasing. I'm not physically there often at all and rarely use any utilities but since I'm still living in the apartment, I wonder if this would hurt my defense.
    ALSO: there is nothing in our lease about splitting utilities evenly or 50/50 or what have you. It only says they need to be paid in full by the tenant whose name is on them.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Determining Legal Responsibility to Pay Utilities

    If your agreement, whether explicit or established by practice, is to split bills 50/50, then that's the agreement -- yes, that works against you if you now try to avoid paying half of the bills that are in her name.

    If you are waiting for her to write you a check for her share of the bills you pay before you pay your share of the bills that are in her name, you have no basis to complain that she is doing the same thing.

    If you are skeptical about the amount of the electricity bill, ask her to show you a copy of the bill.

    If she owes you more than you owe her, you can tell her that you're deducting your debt from what she owes, and let her know her new, reduced balance.

  3. #3
    Join Date
    Feb 2016
    Posts
    2

    Default Re: Determining Legal Responsibility to Pay Utilities

    Thank you for the advice. I wasn't sure if legally I was responsible for paying half of the electric but since we've more or less established a habit of splitting them evenly, I don't suppose it needs to be in writing for it to be expected of me.
    I'm not waiting for her to pay me before I do the same (I've been paying her on time since the start of the lease) but I will be asking to see the electric bill before I send her money. Thanks again.

    1. Sponsored Links
       

Similar Threads

  1. Roommates: Roommate Did Not Pay the Utility Bills
    By bettyjean in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-26-2012, 08:09 PM
  2. Roommates: Roommate's Debt for Utility Bills
    By dudedude in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 06-20-2010, 05:44 AM
  3. Roommates: My Roommate Won't Pay Utility Bills in His Name
    By jmw2086 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 04-18-2010, 09:59 AM
  4. Rent and Utilities: Roommate Will Not Pay Utility Bills
    By gear502 in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 10-29-2007, 01:03 PM
  5. Roommates: Ex-Roommate Wants to Sue Over Unpaid Utility Bills
    By kschlueter02 in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 11-07-2006, 01:54 PM
 
 
Sponsored Links

Legal Help, Information and Resources