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  1. #1
    Join Date
    Jun 2007
    Posts
    10

    Default Roommate Moved Out and Refused to Pay Utility Bills

    This is in the state of NY

    Me and my wife are on the lease. We have 1 other roommate currently living there who is normal and have no problems with who I will refer to as Roommate #1.

    The other roommate who I will refer to as Roommate #2 is the one who did not pay his share of the utilities for 2 months already. we agreed he will move out by April 1st. He did not pay any utilities for 2 months, we kept his deposit as the last months rent. I emailed him asking for the utilities to be payed and in response he emailed me back threatening he will no longer move out and I will have to evict him which will take 6 months.

    For the most part he already moved all his stuff, he only left an empty dresser, table, lamp, shelf, in the room and a huge mess of old pennies, beer cans, and dirt. He was never on any of the bills or any lease agreement. He never got any mail to the house. He hasn't been here for the past 2 weeks. However previously he did say he would take the rest of the stuff by march 25th.

    However he did not return the keys and he is a 40yr old drunk which worries me that he may try to steal something or vandalize the property.

    Can I change the locks and send a Notice to Former Tenant of Right to Reclaim Abandoned Personal Property to his previous address?

    I already found a new tenant for the room who is set to move in on April 1st.

    Any advice would be much appreciated. Can I claim the remaining property as collateral for the unpaid utilities? Or is it best to just send him the notice of abandoned property and after 15 days (I believe thats the time period he has to reclaim the property) claim it or sell it, or just trash it? Its old worthless furniture to be honest.

    PS: Our lease expires on Sept 1st if that makes any difference.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Roommate Moved Out and Refused to Pay Utility Bills

    What, exactly, was your lease agreement with him, assuming he's not on the actual lease?

    It makes a difference as to how you can proceed.

  3. #3
    Join Date
    Jun 2007
    Posts
    10

    Default Re: Roommate Moved Out and Refused to Pay Utility Bills

    Quote Quoting LawResearcherMissy
    View Post
    What, exactly, was your lease agreement with him, assuming he's not on the actual lease?

    It makes a difference as to how you can proceed.
    He moved in on Nov 15th and agreed to pay 600 a month starting Dec 1st(we pro rated the rent for nov so he only payed 300 that time)

    He never signed any lease and most of our communications was done by email. There are no bills in his name and he never received any mail probably because he never changed his address.

    He emailed me on march 2nd telling me he has found a new apt and will move out by march 25th. He told me to keep the deposit as his last months rent.

    Yesterday I reminded him he still owed me for the bills in Feb and March and the keys. He then emailed me back telling me he will not move out till April 1st and "I WILL STAY IN THE APARTMENT FOR 6 MONTHS" basically threatening me I will have to evict him.

    I replied telling him I need the money for the bills and then received another email at 2am reading "hahaha"

    I already found a new roommate and took the deposit. She is set to move in on the first.

    From my understanding he has already admitted to finding a new place to live and since he has almost nothing left in the apt nor does he sleep or stay here
    since he has already moved most of his stuff out. Nor does he have any written lease, bills or even mail in his name to that address, he is no longer a tenant there. I do not have a phone number I can call him on since he does not have one or so he told me since day one.

    Is my understanding correct? Or can he still prove tenancy?

    The other problem is he is a drunk and I fear he may vandalize the property or try to brake in. To make matters worse me and my wife booked a vacation before all this drama started and we leave March 29th and dont come back till April 4th. I fear that he my come while we are not there and cause more problems which would be unfair to the other roommates.

    I want to wait till the 26th if his stuff is not out by then I want to change the locks send a "Notice to Former Tenant of Right to Reclaim Abandoned Personal Property" I will also write him an email stating I sent it to his previously known address and to inform me of any other address I should send it to.

    Please advise on if this is wise or if I could get into some sort of trouble?

    PS: We had no set move out date when he agreed to rent the place. We only asked that we are given 30 days notice and the move out date be the 1st of the month. Me and my wife are on the lease and it expires on Sept 1st. We tell anyone we take in that when the lease expires if we do not want to release the apt we will tell the landlord that our roommates are interested in taking over the lease (if they are).

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