Tenant utility transfer issues

Tenant utility transfer issues

Lubbock, TX · Member since 2018 · 1 post · 0 votes

I am asking for a co-owner friend of mine.  She has a property that was leased to an individual. This property was used (and abused). The tenant left with proper notice and was given their deposit back "prematurely" as she states it. The place was a total wreck and drug paraphernalia was found on site.  The tenant alleges they transferred the utilities on the 26th of May and left the house on the 31st.  The home was then cleaned by the owner and the yard (that was dead.. a violation of the lease) watered.  Not excessively. 

The tenant contacts owner yesterday to state that they received a water bill for the month of June in the amount of $600 and it has to be paid by Friday. (60k gallons!!).   Owner states the utilities should have been shut off by tenant when they left. 

  1. Tenant claims there was a water leak outside she's informed owner of a couple times. 

2. Tenant has hired counsel and intends to sue. 

3. Lease states, "Lesee shall be responsible for arranging for and paying for all utility services required on premises" 

4. Tenant was informed that they are responsible for all utilities in their name. 

5. Owner informed tenant that this appears to be an issue with the water company not be completing the transfer. 

Anyone have any idea 1. IF they can reasonably sue the owner?  2. If this actually goes to court or just to mediation?  3. Does the owner have anything to worry about? Tenant now says owner is responsible for the bill, lawyer, and court fees. Etc

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  • Investor · Philadelphia, PA · Member since 2016 · 2k+ posts · 1k+ votes
    8y
    Anyone can sue anyone over anything. But they (and a lawyer) needs to believe they can actually win enough money to make it worthwhile for both. For $600, the lawyers costs will likely be double that. Do you know if the $600 is really for one month? Or might it be some past bills too? Was there any discussion about leaks? As a landlord, I’d want to take care of that ASAP regardless of who is paying for water. I would address it and keep documentation of any emails or texts. And figure out how to handle cleanly switching over the (new) water bill to you.
  • Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
    8y

    @Mike McCarthy is correct about lawsuits--anybody, any time, for any (or no) reason.  Whose name is the bill for $600 in?  Is the bill in the owner's name? Is it a city-owned utility that can attach to the property as a lien? Was there any communication from this druggie tenant that confirms their claim of contacting the owner about any leak?  In writing?

    Assuming all of the above question's answers are a "no", then go enjoy an adult beverage and relax.  

    If the tenant tries to communicate with you again, tell them you cannot communicate with anyone other than their attorney, since they brought that up.  IF (big IF) you do get a letter or call from an attorney, let them know the bill is owed by the tenant, and if pushed, you intend to counter sue for excessive damages and report the drug paraphernalia/evidence of use to the local drug enforcement agency.

    We are talking about a small-claims court issue at best, and personally (I am not an attorney) I would keep all timelines, damages, photos, expenses and communications in a file.  Then put the file away--doubtful you will ever have to look at it again.

    Relax.  As they say down home, this aint goin nowhere.

    Good luck.

  • Rental Property Investor · Edison, NJ · Member since 2016 · 753 posts · 565 votes
    8y
    Your friend should be worried because she is not equipped to manage her property. She had poor screening to allow the previous tenants to rent it and then she returned the deposit to tenants whom damaged her property. And she did not check to make sure the water bill was paid before returning the deposit either. I would nicely tell your friend that it is really tough to be a landlord with their propriety and strongly recommend that she/he hire a property management company this week. Tying to do it on their own is not working out for them since they do not seem to even have a basic understanding of being a landlord. They need a property manager before they lose even more money.
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