Charging Bills that are Received After Tenant's Moveout

Charging Bills that are Received After Tenant's Moveout

Rental Property Investor · Osaka, Jp · Member since 2020 · 2 posts · 1 vote

We're househacking in an Atlanta-area basement and we split the utility bills with the main-floor tenants, who are schedule to move out in the last week of August.  However, since the electricity bill is charged on the 25th of month following the service term's month (so Sep 25th), our tenants will have moved out by the time the bill is charged.  Their previous payment history has been spotty, so we we're worried they'll neglect paying if they have no incentive.  Our options seem to be:

A) Take it to small claims court if they refuse to pay, which probably won't be worth the time/effort.

B)  Hold the security deposit until bills are paid, and deduct them if they're not paid in 30 days.  Our lease's security deposit is worded:  "The balance, if any, of this deposit shall be refunded to the Lessee within 30 days after Lessee vacates, less any charges for cleaning, repair, missing items of equipment or any damages sustained by the Lessor due to breach by the Lessee.", so I think the deduction should be allowable as a "damage" since the agreement states that the bills would be split and paid within 7 days of being received.  If our tenants pushed back and we had to go to litigation, do you think a court would see it that way?

C)  Eat ~$200 of unpaid utility costs.

We're looking at option B, but what approach would you recommend?  And would you recommend changing our split-utility payment strategy in the future?

Thanks so much for you consideration!

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  • Investor · Indianapolis, IN · Member since 2020 · 234 posts · 194 votes
    5y

    @Daniel T.

    Hi Daniel! 

    It seems like option B is your best plan maybe. One way to go about this is to call all of the utility companies and ask for a bill breakdown in a pro-rated fashion. This usually works best if the utilities were in the tenants name and while you're switching them back over to your name, but it can be done by date as well. 

    You only have a certain amount of days to return the security deposit (usually by state legislation) or a breakdown of why it's not being returned fully, or not at all. 

    I would recommend updating the lease agreement to include, "any unpaid utility balances incurred during occupancy" or some version of this for leases moving forward. 

    It can be two fold on splitting utilities;  

    - putting all of the utilities  in the tenants name usually makes them more responsible with things and they won't be running the heat at 78* in the winter, likewise the AC at 66* in the summer and more costly bills are avoided (just examples of being wasteful on your dime)

    - however some investors (especially in areas where the winters get very cold) wouldn't prefer to do this as an unpaid bill in the winter may result in frozen pipes and will spilt or keep utilities in their name to avoid more costly repairs

    I personally would put all of the utilities in the tenant's name and just make sure I was screening my tenants well ahead of time. Now in some states you still need to provide water etc as part of the rental, but I would recommend usually putting as much as I legally could in the tenants name. 

    I offer to help them set up budget bills to avoid unexpected increases and this works out well- they know each month how much gas and electric will be and can plan ahead. this won't usually be the case with water bills, but most tenants aren't watering lawns in the summer, filling up pools, etc.  anyway, so it's not an issue. 

    Yes, I would avoid small claims court. You'll pay way more in legal fees that $200, and at that point it would be better to simply 'eat' the loss. 

    I would verify this is the last bill to come in as well before I returned the portion of the security deposit as well. 

    Hope this helps! 

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    Hold the security deposit. Deduct for cleaning and repairs, just like normal. Pay the utility bill when it arrives. Refund any remaining deposit. If the deposit isn't enough, then you will have to decide to go after them. I wouldn't waste my time for $200 because it will cost you at least half that just to file and then you're unlikely to collect a dime.

    In the future, consider charging a deposit equal to a month of rent and a month of utility so you have more on hand to deal with situations like this. Or build utilities into the rent.

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  • Rental Property Investor · Osaka, Jp · Member since 2020 · 2 posts · 1 vote
    5y

    @Anna Laud, thanks for your advice!  The pro-rating will be necessary like you said, and the lease update is a good thing we were missing.  Georgia law and the lease both give us a month/30days to return the deposit, so I think we'll be okay with a delay in those bounds.  

    Utilities in the tenants' name would certainly be best in Georgia, but since independent residents are in the basement we're worried about a disruption of their service if the top-floor tenants fail to keep the utilities running.  Maybe we could change the system so that top-floor tenants are responsible for maintaining services and splitting them with the basement as an agreement in the lease and failure to do so is a breach.  We could step in for them during an eviction or vacancy I suppose.  It's kind of a hassle and messy, but might still be the best option.  And with good screening and good tenants, it might work great!

    @Nathan Gesner, thanks for the help!  Adding a utility buffer into the security deposit is definitely smarter.  I wish we thought of it earlier!

    Thanks again!

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