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  1. #1
    Join Date
    Feb 2009
    Posts
    1

    Default Do I Still Need to Pay Utilities After I Move Out

    My question involves a roommate in the State of: Texas

    I moved into a 2BR/2BA apt with another girl last April. I stayed there for 4 months without being added to the lease, taking over the responsibilities of the former roommate who moved out. When the lease was up for renewal, we signed a new 1-year lease, listing both of us as tenants. Things were good for a while, then became rocky. Last summer, there was a possibility of her BF moving in while he completed school during the summer. In an effort to be reasonable, I did not say no. I suggested that while he was living there, that the utilties be split 3 ways. I never asked him to pay any rent - all of which I believe was more than fair. That never came to be - I believe party due to what I was requesting.

    She has also never respected my time or space. On several occasions, she has brought back friends and even complete strangers to the apt. at random hours of the night (2 or 3 am). This is not an issue for her as she does not work, however I do and need to get up very early (5 or 6 am). When she has had guests over, I have found that they have been using by bathroom and even at times my bedroom. I feel that since I am paying my fair share, that she should respect my space and let her guests use her bathroom/bedroom. She was also very lazy and would hardly ever do the dishes or take out the trash - I even left them for a week or two at a time to see what would happen and found that she still did not do it - it was often piling up. At one point, I drafted a weekly schedule that outlined which one of us who do the chores, however she did not like this and refused to follow it - thus never doing her share. She stated that she did more than enough by dusting the living room (although it contained all of her furniture).

    For the above & many other reasons, I felt it was in my best interest to not be there any longer - at least not living there. For the past 2 1/2 months, I have not been "living" there, however my belongings have still remained. The entire time I have been there, I have faithfully paid my rent and my share of the utilties. I have not planned to "live" there again, and was certain I would be moving out when our lease is up in 4 months. Periodically, I would go back to the apt to obtain some of my things. Last week, I had gone back and removed some of the items that I needed- I believe she had been using these things (ie: toaster). She sent me a crude message about how I need to clean up after myself or get out (using some choice words). [Since moving in with her, I have become very detailed about cleaning things up]. This was the last straw for me - I felt as if I was being kicked out and that I was no longer welcome there or wanted there. I indicated that I would be out by the end of the month.

    Legally, I am still responsible for my share of the rent. (No way out of this, unless I want to mess up my own credit). I will be paying the apt. mgmt. directly instead of her to ensure it is being accounted for correctly. Now this week, she came back and stated since I am choosing to move out, I am still responsible for my share of all of the utilities and that if I do not pay she will take me to court. I find it outrageous that she is even asking for this. Her BF stays at the apt. every other weekend and doesn't pay a dime towards any of our bills. Also, she does not work - so her dad is the one who is actually paying for everything. I don't feel that I have any legal obligation to pay her any of the utilities after I move out at the end of this month. If I was living there by myself, I would be cancelling the utilities all together or she would have to have them in her name alone. Also, cable & internet are luxury items - those are items that she chooses to have, items that I have not used since December (although paid on for the last 2 months). I have decided to still pay my share of the electricity (half) for this month as my items are still being stored at the apt. (It would be the same as paying for a mini storage unit). Based on the circumstances, I don't feel that it is my choice to move out, but that she is forcing me to move out, therefore she needs to take on the responsibility of the utilities.

    Legally - do I need to pay any other utilities after I leave? Can she take me to court on these? I wanted to do a roommate contract between us several months ago when the issues first started to occur, however she said we didn't need it. A few months back when issues started again, I did draft a document outlining payments for rent/utilities - how & when they would be paid. To me, this should only be enforced as long as I am living there and utilizing the services. Also, she doesn't have a copy of this document, therefore I don't feel she can use this against me. One last thing - she doesn't want me in the apt. any more when she is not there. Technically, as long as I am on the lease and my items are still there - I have every right to be there.

    Help!!

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

    Default Re: Do I Still Need to Pay Utilities After I Move Out

    You would abide by whatever your agreement was. If you claim that the agreement was that utilities be shared by the people actually living in the apartment, and she claims that you were supposed to pay a share whether or not you lived there as long as the lease continues, you can both argue your positions to the judge if and when she sues you. The judge will then decide.

    If you're living there, keeping your stuff there, insisting on your right to enter at all times, you don't really have much of an argument for why you shouldn't share in the utilities.

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