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What do I do if my temporary roommate doesn't want to pay utilities? (follow up to different question)? |
Got a temp roomie 6 months ago, he鈥檚 moving out, I told him we need to split all the bills that I paid before he leaves, (I do bills every few months). He got upset, said he thought utilities are included and that it might have been in the ad I posted when I was looking for a roommate. I did not have a copy of the ad so we could only speculate. I insisted cable and high speed internet wouldn鈥檛 count anyways, (he even used my own TV I let him borrow). Decided not make him pay basic utilities and he would only pay for high speed internet, (not cable TV because he claims he rarely used it). So we were both at fault for communication. HOWEVER I went back to the office where I had listed the ad, turns out that I did NOT SAY that utilities would be included. What should I do? I have a $300, should I withhold the utilities? It would slice his deposit in half, he鈥檚 a student, I would feel bad gypping him, but I want to do what鈥檚 right. I've been in this situation many times and it is incredibly frustrating.I feel your pain...I would maybe hold half of the cost of the utilities from his deposit.This way your not eating the whole amount but,he still get's a break.Maybe offer this,first as a compromise-show him the bills-be very open with him-show him your payment history.Next time,next roommate, make sure you make it very clear that utlities are not included in the rent.Unfortunatley if it's not in writing there's not much you can do about it now.Well,at least you've both learned lessons from it all. OK, I used to be a landlord, so I think I might have the right answer. If you didn't say "+ utilities" in your ad, then I don't think he has to pay them. If all it said was the price of $300, then he would logically conclude that that is the TOTAL he is to pay each month. If it wasn't explicitely spelled out to him that he would also have to pay utilities, he isn't responsible for them. You may want to check with a lawyer in your state to be sure though. Sorry! You should have had your roommate sign a contract. Without one, it's your word against his. It's a hard lesson to learn but get everything in writing. You may have to eat the loss. You cannot legally withold the portion for utilities as there is not a contract stating he is responsible. You would lose this case in court without written proof of such an agreement. You both are at fault. He should have asked if the utilities are included. Nevertheless, you should have resolved the problem during the 1st or 2nd month when you got the utility bills. Not now when you accumulate all the bills shocking him. Just let it go. You can't charge him for utilities if it is not in the rental agreement. Well if he agrees to pay Internet access charges..Not Bad..Withholding the utilities is an offense..if you do like this you won't get a monthly roommate charges.. It is up to you to show that you told him to pay utilities. if you had a written agreement then check that. If your agreement was strictly verbal then it is your word against his. He may be able to take you to small claims court for the remainder. Then it is up to a judge to decide. If at that time you are found to owe him the remainder then you would have to pay that plus court costs. I would just say give it all back to him. Save yourself a possibly huge headache. Just make sure you specify like say $300/m plus portion of some utilities. Also have a written contract stating what portion of which utility they are responsible for. Make sure you keep receipts and check stubs. by all means make him pay for utilities...unless specified otherwise all utilities should be split equally....this is only fair to both parties if you renegotiated the terms even if original ad stated otherwise you have to go bythe new meeting of the minds agreement. if he doesn't give what you have now agreed on when he is packing make him sign a written agreement stating what he agrees he owes you. if you end up in small claims it will save you heart ache. Speaking from experience I would say that your kinda outa luck unless you tell him and maybe can show him the bill and see if he offers to penny up any amount at all and if not next time sign an agreement. He has a point. You didn't make it clear at the beginning what additional expenses there would be. It was up to you to make that extremely clear before he moved in and give him copies of the bills. Doing it every few months (???-- my bills are due every month, why aren't yours??)--only adds to the suspicion in his mind that you are fabricating these bills since you never mentioned them before. You have no right to withhold his deposit. He wouldn't be wrong for assuming they were included if you lived in an apartment or house and high speed was already in place. Honestly, it didn't cost you any extra to have one phone jack on it than 2, so why do you think he owes you? I think you are wrong in this situation because you didn't spell it out. Sounds like your ad was a bit ambiguous at best. I think you should chalk it up to a lesson learned. If he was supposed to be chipping in on the utilities you should have been doing your bills EVERY month and giving him a bill for his portion EVERY month. It's very unfair to hit him with this when he's moving out. I would encourage you to give him his full $300.00 deposit back. In the future you should be more clear about what's expected of your roommate and bill them each month for their share. It would be wise to have a legally binding agreement drawn up by an attorney. |
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