Court tomorrow...

[Marc Freislinger]

Thought I'd see if anyone had any advice or input. I've been to small claims many times, am always well prepared and have thus far always managed to get the verdict I'd hoped for.

Here's the situation:

Tenant moved in, signed a lease that stated he was responsible for all utilities. He was told that we would bill him for his water usage, as the meter was not split. Without permission, he took the water bill into his name and began splitting the bill with his neighbor. Once we discovered that we were no longer getting a bill, we told him that we maintain the water bills for our owners, so that they don't have to worry about liens, and he'd get billed by us. For the next 2 months, we hear nothing from him, his water bills are sent to him without incident.

I'll note here that he had prepaid rent up through September, so even though he was receiving bills, he wasn't actually paying them, since it was just coming off his balance.

Earlier this month we received a summons to court for the amount of $200. He claims we were supposed to pay off the water bill that was in his name. His neighbors have told us that he already collected their portion of the rent.

I have his lease, stating he's responsible for water, all the water bills he's "paid" to us, and current water bills on the property that are paid. I'm under the impression that if the bill was in his name, he should pay it, or he should be going after the neighbors if they haven't paid their part, correct?