Renter moved out with a huge outstanding electric bill (lease, tenant, security deposit)
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If you are a private owner of a house and the renter did not pay their electric bill for months but was able to hold off the Electric Company due to a number of hard luck stories and a law that you said they cut not cut off the power during the winter months, are you responsible for the electric bill if the renter moved out in the night? (Yes the tenant moved out in the middle of the night)
The tenant is my brother who owed over $3500 for his electric bill and when they shut off his power he was not able to get any money from relatives or friends, had no access to credit cards and even the payday loan places would not help him! The electric company would not turn the power back on without full payment even after his many appeals, crying and yelling. Now he has moved out of the house, leaving the owner of his rental home without a tenant.
So here is my question: Is the owner of the home now responsible for the electric bill?
If you are a private owner of a house and the renter did not pay their electric bill for months but was able to hold off the Electric Company due to a number of hard luck stories and a law that you said they cut not cut off the power during the winter months, are you responsible for the electric bill if the renter moved out in the night? (Yes the tenant moved out in the middle of the night)
The tenant is my brother who owed over $3500 for his electric bill and when they shut off his power he was not able to get any money from relatives or friends, had no access to credit cards and even the payday loan places would not help him! The electric company would not turn the power back on without full payment even after his many appeals, crying and yelling. Now he has moved out of the house, leaving the owner of his rental home without a tenant.
So here is my question: Is the owner of the home now responsible for the electric bill?
Why would the owner be responsible if the bill was in the renter's name?
When assessing its debt collection options if a tenant fails to pay his utility bill, the first question a local utility provider must ask is who is the contracting party? Under current law, with limited exceptions, the only party liable for a utility bill is the contracting party. The contracting party is the individual or entity that established the utility account.
Thus, if tenant A is the contracting party, the only legal recourse the utility has is against tenant A. It may not proceed against the property owner, another person currently residing at the property, or a future tenant. If the property owner is the contracting party, the only legal recourse the utility has is against the property owner. It may not proceed against any current or future tenant.
In other words. Your brother is SOL and better pay up.
If you are a private owner of a house and the renter...
So here is my question: Is the owner of the home now responsible for the electric bill?
1) Utility bill in tenants name... NEVER in the landlords name.
2) Most utility companies have landlord programs that among other benefits will advise
an owner if/when a tenant is not paying that bill
2a) lease clause that non-payment of utilities is breech of lease yields them a pay or quit.
I would think owner will make your brother pay via keeping the security deposit. If it exceeds, your brother may be able to get away with it as owner cannot turn it back on/rent it again without paying.
Property owner shouldn't be responsible. The debt should be your brother's, and his alone. The owner will most likely have to show some sort of proof it was a tenant who had service and that they have moved. It can be a pain in the butt, but not too terribly bad.
I can't believe they let the bill go delinquent that long!
HumanNature: Are you the landlord and the tenant is your brother in law?
Who was the electric company customer? Tenant or Landlord? If landlord left the utility under his/her name.. that's their mistake and that is who the electric company will go after. If it's under the tenant's name, landlord is not liable. Some utilities company can put a lien on the property if they have "cooperation" program and landlord doesn't register.
Under such program, utilities company notified landlord when there are past due and shut off notices.
I was told that my brother who owed over $3500 on his electric bill moved out and now his landlord is responsible. I am not the landlord, but his sister! (My brother is currently living in an extended stay hotel regrouping)
Quote:
Originally Posted by sj08054
I am really confused.
HumanNature: Are you the landlord and the tenant is your brother in law?
Who was the electric company customer? Tenant or Landlord? If landlord left the utility under his/her name.. that's their mistake and that is who the electric company will go after. If it's under the tenant's name, landlord is not liable. Some utilities company can put a lien on the property if they have "cooperation" program and landlord doesn't register.
Under such program, utilities company notified landlord when there are past due and shut off notices.
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