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  1. #1
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    Default Division of Utility Costs Between House Mates With Separate Leases

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

    I have five tenants occupied 4 bedrooms, two of them are a couple staying in the master bedroom paying for 2/5 of the utility fee per month. All of them found it unfair to the couple and me, is there anyway we can come to an agreement to have all my tenants split the utility fee per month? Another question is, since I only rent the bedrooms to them, do I still need to give minimum state notice before entering the property?

  2. #2
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    Default Re: Division of Utility Costs Between House Mates With Separate Leases

    Quote Quoting Tony Stark
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    All of them found it unfair to the couple and me, is there anyway we can come to an agreement to have all my tenants split the utility fee per month?
    Why would the tenants find the situation to be unfair to you?

    If the tenants all agree to modify their rental agreements to change how utilities are divided, they may enter into new leases or documents to amend their current rental agreements. If they do not, then you will have to modify the rental agreements when they expire or, for month-to-month rentals, upon proper notice.
    Quote Quoting Tony Stark
    Another question is, since I only rent the bedrooms to them, do I still need to give minimum state notice before entering the property?
    You are making us do a lot of guessing.

    If you don't live in the rental property, but you are renting each tenant a private bedroom and access to common areas, you may normally enter the common areas without notice but not the tenants' bedrooms (or other areas where they have exclusive access). But your rental agreements may modify / restrict your rights.

  3. #3
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    Aug 2018
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    Virginia
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    Default Re: Division of Utility Costs Between House Mates With Separate Leases

    The property is next to a college and all tenants are students, they are really generous and think it would be better if they can all split the utility fee because I’m a student as well. Can I write a lease addendum? Or should I start a lease agreement and override the one we signed? To the second question, I don’t live in the property, and I only give them the private bedrooms, but they find it awkward if I enter without telling them, will I end up being sued?

  4. #4
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    Jul 2018
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    Default Re: Division of Utility Costs Between House Mates With Separate Leases

    Quote Quoting Tony Stark
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    is there anyway we can come to an agreement to have all my tenants split the utility fee per month?
    How should we know what you and your five tenants are and aren't able to agree to?

    Quote Quoting Tony Stark
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    Another question is, since I only rent the bedrooms to them, do I still need to give minimum state notice before entering the property?
    How exactly does each lease describe the leased premises, and what provisions (if any) does each lease contain regarding the areas of the house other than the bedrooms?

    Quote Quoting Tony Stark
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    Can I write a lease addendum?
    We have no way of knowing what abilities you have.

    Quote Quoting Tony Stark
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    should I start a lease agreement and override the one we signed?
    Legal advice can only properly be obtained from a local landlord-tenant attorney.

    Quote Quoting Tony Stark
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    will I end up being sued?
    We have no way of predicting this.

  5. #5
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    Aug 2018
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    Virginia
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    Default Re: Division of Utility Costs Between House Mates With Separate Leases

    I used Legal Zoom to create the lease agreement for all tenants; essentially everything is the same except the lease length, price, and if they should pay for the utility fee. Following are quotes from the original agreement.

    "Subject to the terms and conditions set forth below, and in consideration of the payments provided in this Lease, the Landlord leases to the Tenant for residential purposes only, The guest bedroom with a ceiling fan., the Premises, a house with 4 bedrooms and 3.5 baths, including the furnishings described in section I (a), the appliances described in section I (b), exclusive use of the parking spaces described in section I (c), and use of the storage space described in section I (d). The Tenant has no equitable interest in the Premises."

    "XII. ENTRY BY LANDLORD
    The Landlord (or the Landlord’s authorized agent or representative) may enter the Premises under the following circumstances: in case of emergency, to make necessary or agreed on repairs, alterations, or improvements; to supply necessary or agreed on services; and to show the Premises to prospective or actual purchasers, tenants, workers, or contractors. The Landlord may also enter the Premises annually to inspect them for safety or maintenance problems. Except in cases of emergency, Tenant abandonment of the Premises, court order, or where it is impracticable to do so, and in the event of an extended absence as described in section XIII, the Landlord shall give the Tenant at least the minimum notice required by state law before entering and will enter the Premises only during normal business hours."


    Based on this, I think i have acces to the common area without permission.

    If other tenants agree to pay for the utility fee, can I simply write a new one and have them sign to override the old one.

  6. #6
    Join Date
    Oct 2006
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    16,474

    Default Re: Division of Utility Costs Between House Mates With Separate Leases

    Quote Quoting Tony Stark
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    I used Legal Zoom to create the lease agreement for all tenants; essentially everything is the same except the lease length, price, and if they should pay for the utility fee. Following are quotes from the original agreement.

    "Subject to the terms and conditions set forth below, and in consideration of the payments provided in this Lease, the Landlord leases to the Tenant for residential purposes only, The guest bedroom with a ceiling fan., the Premises, a house with 4 bedrooms and 3.5 baths, including the furnishings described in section I (a), the appliances described in section I (b), exclusive use of the parking spaces described in section I (c), and use of the storage space described in section I (d). The Tenant has no equitable interest in the Premises."

    "XII. ENTRY BY LANDLORD
    The Landlord (or the Landlord’s authorized agent or representative) may enter the Premises under the following circumstances: in case of emergency, to make necessary or agreed on repairs, alterations, or improvements; to supply necessary or agreed on services; and to show the Premises to prospective or actual purchasers, tenants, workers, or contractors. The Landlord may also enter the Premises annually to inspect them for safety or maintenance problems. Except in cases of emergency, Tenant abandonment of the Premises, court order, or where it is impracticable to do so, and in the event of an extended absence as described in section XIII, the Landlord shall give the Tenant at least the minimum notice required by state law before entering and will enter the Premises only during normal business hours."


    Based on this, I think i have acces to the common area without permission.

    If other tenants agree to pay for the utility fee, can I simply write a new one and have them sign to override the old one.

    Based on the bolded, I believe that most of the time you should be giving them notice that you are going to enter.

  7. #7
    Join Date
    Jul 2018
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    Default Re: Division of Utility Costs Between House Mates With Separate Leases

    Quote Quoting Tony Stark
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    [I]"Subject to the terms and conditions set forth below, and in consideration of the payments provided in this Lease, the Landlord leases to the Tenant for residential purposes only, The guest bedroom with a ceiling fan., the Premises, a house with 4 bedrooms and 3.5 baths, including the furnishings described in section I (a), the appliances described in section I (b), exclusive use of the parking spaces described in section I (c), and use of the storage space described in section I (d). The Tenant has no equitable interest in the Premises."
    Although the punctuation is a bit haphazard, according to this, you have leased to each tenant the following:

    1. The guest bedroom with a ceiling fan;
    2. the Premises (whatever that means);
    3. a house with 4 bedrooms and 3.5 baths, including the furnishings described in section I(a);
    4. the appliances described in section I(b);
    5. exclusive use of the parking spaces described in section I(c); and
    6. use of the storage space described in section I(d).

    Accordingly, your assertion in your original post that you "only rent the bedrooms to them" is demonstrably incorrect. You rent the entire house to them. I agree with "llworking's" response and suggest you make sure you clearly understand your state's laws regarding landlord right of entry.

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