Charged my tenant for utilties

[Jimmy S.]

Hi, got another story

Tenant signed 1 year lease with lease auto renew for additional 1 year if tenant does not give 30 day notice. 3 years later I get a text saying they will be moving in 3 to 4 weeks and last month rent can only be used the 11th month of lease expiring and move out.  We are 4 month into the 12 month auto renew.

I was nice and let my tenant use last month rent for December and they moved out and gave keys back on the 10th of dec but they also cancelled the utilities.  I billed them for the gas bill from dec 11 to 30th before finding a new tenant move in on the 31st. It was $95. 

They also broke the lease and moved out and they should have got nothing back but I tried to be nice I gave them $300 back which they did not cash the check yet. security deposit is 965 and last month rent is 965

Is this legal to do to charge my tenant for a utiltiy bill after they canceled it? I had to put it back in my name or ugi would shut off gas and pipes freeze. My lease states my tenant is responsible for the utilities. They now called and are very very mad and screaming at me and then hung up the phone and said they will sue me.

I also feel like putting a stop payment on their refund after trying to be nice.

Just wanted to get your input.

[John Underwood]

@Jimmy S. I would consult an attorney or your local Magistrate for Legal advice.

My opinion is that if they broke the lease you should be able to keep the deposit. I wouldn't say I was keeping money for utilities. They may be responsible for the rent until the lease is up or until you find a new tenant, depending on what is in your lease. I can't imagine that they would ever be responsible for the utilities once they have moved out. So if your going to keep the deposit do it for other valid reasons and don't mention utilities. Just my 2 cents.