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  1. #1
    Join Date
    Oct 2007
    Posts
    1

    Default Roommate Will Not Pay Utility Bills

    I have a roommate, let’s call her Ann. ( not her real name). Ann is being evicted by the landlord. Ann is on the lease and has established a pattern of paying utility bills late or not in full. But none the less has established a pattern of payment. There is a roommate agreement addressing utility bills, guests etc.. , signed by all members of the house except her, she refused saying she was already on the lease. I have witnesses to the fact that upon signing the lease there was a verbal agreement between myself, Ann and the landlord that I as the main lessee would draw up a roommate agreement and everyone in the house had to sign. The agreement was done through a legal site and is sound. The utilities are in my name. In the least I have a pattern and verbal agreement from her that she would pay her bills. Since she is being evicted it seems that she is choosing not to pay her bills. Without speaking to the landlord or other members of the house Ann gave her boyfriend keys to the house and had him move in (this was two months ago).Because he was let in by someone in the house he cannot be removed without being evicted himself. He is not a legal tenant or on the lease like all other members of the house. He uses the utilities, has keys, receives mail here etc... The landlord is evicting him as well even though he was never a legal tenet. Since his moving in the utility bills were divided by six to include his use (as stated in roommate agreement). She received a letter stating that this would happen and reasons why. She chose not to respond. When she said he was not going to pay she received a letter of clarification stating it was her bill not his. This sixth portion has been considered her bill. She is not paying her bills which include his portion. I did not dived by six and make him responsible for his portion because I did not want to make him a legal tenant in requesting he pay bills. My question is if I can take her to small claims for both her potion and his, seeing as it has always been her bill for having a "guest". Or do I need to take them separately and really make it his bill. Also can I claim she needs to pay the court fees for my having to file. Any help would be great. Thank you! I live in Washington state

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

    Default Re: Roommate Will Not Pay Utility Bills

    You say you have a written agreement governing how utility costs are to be split. What does that written agreement say about the boyfriend?

  3. #3
    Join Date
    Oct 2007
    Location
    Palm Springs/Manhattan Beach, California
    Posts
    37

    Default Subletting an apartment...

    I'm not certain as to how this issue should be tackeled.

    In attempt to offer you some sort of resolution, might I add that in the state of California, any person(s) visiting a location and/or place of residence for any given period longer than 14 days,...is considered to be a tenant.

    Bearing this in mind, you can definitely charge this "unofficial occupant" for any miscellaneous portions of the rent and/or the usage of utilities. This person's possession of keys, etc. merely adds to my point that your roommate, inadvertantly moved someone onto the premises and is technically "subletting" the apartment which, unless specified in your official lease as otherwise, is highly illegal.

    I recommend that you seek the legal advice of an attorney to avoid any unnecessary ignorance if you insist upon pursuing a court case.

    Good luck~

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Subletting an apartment...

    This is in Washington State, not California.

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