Utilities bill problem with roommates (Austin: rentals, bad credit, loan)

[vanquished memories]

I will be rooming with person A and B this year. The story behind these roommates are weird, so don't ask me why I signed up to room with them. I guess I didn't think it through completely. The story is...

Person A:
Last year, he lived with us (3 other different persons, person B was not part of this group) illegally (meaning he didn't sign the lease agreement, he was just living in our living room) because we let him. One of my last year's roommates held the gas and electric bills in his name. At the beginning, all 5 of us (me + 3 other persons + person A) agreed to pay our portion of the utilities bill equally via verbal agreement, nothing was written. After last year ended, all of us paid our parts and Person A did not pay because he claimed that he had bad credits so he couldn't take out a loan to pay back. So up until now, he still owes the guy holding the electric and gas bill last year $500. We still don't know whether or not he did indeed have bad credits.

Person B is a normal person and he paid his parts amongst his old roommates so I'm not worry about this person.

The problem:
This year, I will be rooming with both of these people (A+B). The problem arises when person B told me he can't hold the bill because his parents would not let him do it and person A told me the same thing, that his parents wouldn't let him hold the bill because he was too young. Person B is 21 yo, person A and me are both 19. So, I decided to call person A's parents and asked if he was telling the truth, and found out that he did tell the truth. I'm still not sure about person B's stories, whether or not it's true. It seems as if they are trying to force me to take the bill under my name.

After reading through many horror stories on the internet concerning split bills and their solutions, I drew up my plan. I decided to write a written agreement and print it out and make them all sign the agreement. The agreement just says that we all have to pay our shares of the utilities bill equally via direct bank transfer so that there is evidence for me to use in court if my roommates do not pay me in the future.

Is this method efficient and does it guarantee me safety from these people in case I get scammed? Will I most likely win in this court case if I have written agreement and all their signature, and evidence to show who pay and who doesn't pay? I don't know what else to do, we have 1 week left until school starts and this problem is stressing me out so much.

[mezman]

Originally Posted by vanquished memories

I will be rooming with person A and B this year. The story behind these roommates are weird, so don't ask me why I signed up to room with them. I guess I didn't think it through completely. The story is...

Person A:
Last year, he lived with us (3 other different persons, person B was not part of this group) illegally (meaning he didn't sign the lease agreement, he was just living in our living room) because we let him. One of my last year's roommates held the gas and electric bills in his name. At the beginning, all 5 of us (me + 3 other persons + person A) agreed to pay our portion of the utilities bill equally via verbal agreement, nothing was written. After last year ended, all of us paid our parts and Person A did not pay because he claimed that he had bad credits so he couldn't take out a loan to pay back. So up until now, he still owes the guy holding the electric and gas bill last year $500. We still don't know whether or not he did indeed have bad credits.

Person B is a normal person and he paid his parts amongst his old roommates so I'm not worry about this person.

The problem:
This year, I will be rooming with both of these people (A+B). The problem arises when person B told me he can't hold the bill because his parents would not let him do it and person A told me the same thing, that his parents wouldn't let him hold the bill because he was too young. Person B is 21 yo, person A and me are both 19. So, I decided to call person A's parents and asked if he was telling the truth, and found out that he did tell the truth. I'm still not sure about person B's stories, whether or not it's true. It seems as if they are trying to force me to take the bill under my name.

After reading through many horror stories on the internet concerning split bills and their solutions, I drew up my plan. I decided to write a written agreement and print it out and make them all sign the agreement. The agreement just says that we all have to pay our shares of the utilities bill equally via direct bank transfer so that there is evidence for me to use in court if my roommates do not pay me in the future.

Is this method efficient and does it guarantee me safety from these people in case I get scammed? Will I most likely win in this court case if I have written agreement and all their signature, and evidence to show who pay and who doesn't pay? I don't know what else to do, we have 1 week left until school starts and this problem is stressing me out so much.

I'm not a lawyer so take this with a grain of salt... but this seems like something that would hold up in small claims court. They're both 18+ so they're legally adults. You might be able to find some template on one of the legal websites out there.

Also, you may want to try to get their parents to co-sign the document. You can say since you're taking all the risk by putting the utilities under your name you require that your roommates have co-signers... that way you can go after the parents who won't let their adult children take responsibility for something they'll be using.

[bobbatoo]

If you ever watch Judge Judy, that kind of written agreement and documented proof of payment should protect you if you ever have to take them to small claims court.

[CptnRn]

Unfortunately, having a binding legal contract and even a judgement against them in small claims court is still no guarantee that they will pay you. As any landlord here who has gone through that with a tenant can tell you, you can still end up with no money.

Given the roommates previous failure to pay his share of the utility bill I would not trust him to pay you in the future. If he is not willing to put the utilities in his name then I would start looking for a different roommate or a different place to live.

[cmaxmor]

Originally Posted by CptnRn

Unfortunately, having a binding legal contract and even a judgement against them in small claims court is still no guarantee that they will pay you. As any landlord here who has gone through that with a tenant can tell you, you can still end up with no money.

Given the roommates previous failure to pay his share of the utility bill I would not trust him to pay you in the future. If he is not willing to put the utilities in his name then I would start looking for a different roommate or a different place to live.

I would second this. Don't do it.

[Dr.Mom]

In psychology there's a saying that the best predictor of one's future behavior is one's past behavior. You know for a fact that Person A did not live up to his/her responsibilities last year. Why should s/he be any different this year? Save yourself the headache and find a new roommate or a new place. Godd luck!

[atxcio]

When I was in college with roommates, we'd always split which utilities would be in whose name. So one guy would have the cable/internet, one would have electricity, one would pay the rent on the kegerator, etc. Seemed like the most fair thing to do. I can't believe they wouldn't split it with you in such a manner.

It's just basic responsibility, I don't care if their parents like it or not. If they can't put their names on the bills w/o their parent's permission, then they don't need to be living out on their own.

[austin-steve]

If you are entering into a roommate agreement with people you can't trust, then you've done a poor job of selecting roommates.

I've managed rentals in Austin for a long time and I generally won't rent to more than 2 roommates. 2 people seem able to work out the bills, food, etc. but something about the dynamic of 3 or more creates problems often resulting in a breakup of the group, then the remaining two whining that they can't afford the rent.

Your post validates my rationale. If you guys can't even work out the small bills, what is a landlord suppose to think about your ability to pay rent?

Steve

[TexasGirl@Heart]

You and Person B need to find another Person and kick Person A to the curb. If he still owes $500 from last year, what makes you think he isn't going to do the same thing to you. Or make him pay up front (a deposit) if you will so that you have his money beforehand. Explain to his parents (you've already called them) about his non payment last year and if he is to room with you, he will have to have a NICE DESPOSIT on the bills prior to moving in!

[love roses]

Don't move in with person A!