Never put utilities in their own name

[Melissa Lenhardt]

Hello,

This is out first time renting out our home and after our tenants moved in they never put the utilities in their own name and I am still being charged for them. I plan on sending out a certified letter today stating they need to be put in their own name. I guess I am asking if anyone has gone through this how they handled it or for any suggestions on what to put in the letter. Im thinking it is possible grounds for eviction.

Melissa

[Bill S.]

Melissa quick question. Is it in the lease that the utilities must be in the tenants name? If not, then you are likely to be on the hook for them. Without language in the lease requiring them to pay utilities, you can't just assume that it's their responsibility. What about property taxes? If it's not in the lease that the tenant pays them they you pay them. Same idea with utilities.

Now assuming that you do have it in the lease from here on.

Second question - have you contacted the tenants and reminded them they need to put the utilities in their name? If not, do so before you do the certified letter route. In all the chaos of moving they may have forgotten and just need a reminder. You can follow up with the utility company in a day or so to see that they follow through with it. If not then see below.

Also my utility companies allow me to put the utilities in their name since I have the SSN and a lease. You might be able to just call up the utility company and move the utilities into the tenant's name again.

Now with regards to your notice. Your state probably has forms that are used to communicate to the tenant that they have violated terms of the lease. You need to use those forms so that you can move on to eviction if they fail to pay and are required to pay. Also does your lease have a clause stating the funds received are applied to outstanding items before rent. If that is the case then you apply the money you received to the power bills and they now owe rent. You can file for eviction for non-payment of rent. In many locations it's much easier to get an eviction for non-payment than for some other lease violation.