What the ????? Tenant not paying their part of shared utilities

[Phil Falcini]

Hello all,

I have a tenant who is behind on paying their share of the joint utilities. The property is located in Colorado and is a 4plex. There is one meter and the tenants split the utilities equally. We have language in the lease that says if they default on rent or any other payment obligation they would be in default of the lease.

We have offered a payment plan but the tenant has not agreed. They have been delinquent for a few months totaling almost $900 in utility bills and late fees on said bills. She gives no good reason for not paying. My PM is not sure if we can evict for a tenant not paying utilities.

I have tried researching the law and will consult an attorney shortly but wanted to see if anyone on here can help with clarity or make a suggestion.

Thanks in advance for your help!

[Aaron K.]

You can, and you should not have let it get this far.  However a equal split may also not be equitable for charging utilities but that seems to be a separate problem