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ANichole · Oct 2, 2006, 10:18 AM

I needed a temporary place to stay while going to school and a friend of mine had an apartment she was moving out of... but had a roommate. My friend took her name off the lease (but did not take the electricity out of her name) and so it was only the other girls name on the lease with no bills in her name.

(she was supposed to switch electricity into her name).

I never signed anything. The remaining girl never stayed at the apartment but instead stayed at her boyfriends and continued paying rent. I did not know his girl and never saw or really spoke to her but twice in the several months I lived there. I paid half of the rent in form of a check one month, and money order the other month. I was never approached about paying any utilities.. and never saw an electric bill.

I was at home one day on lunch and some of my things had been moved around and a bag full of my things had been placed by the door as if someone planned on "stealing" some of my stuff. I assumed it was my "roommate" planning on taking the things before I got home from school. Also there were several notices on the door about the electricity not being paid and it was being shut off. ( I was the only person there to receive the notices since I didn't see or talk to her)

I decided to move my things out and did not pay rent anymore. The last month she was on a month to month lease. She moved out shortly thereafter. She is now sending me threatening text messages asking for my half of the rent, and late charges,(around $900.. with late fees still accruing) or she will take me to court. Will I be held liable for money owed? I never signed anything. I called the Apartment complex and they told me that I cannot be legally responsible for payment if I was not on the lease.
Please help? Thank you!

Cvillecpm · Oct 2, 2006, 10:30 AM

Ignore the messages or block them and if she does not know where you moved, she can't serve you any legal notice.

RickJ · Oct 2, 2006, 11:52 AM

Morally, you owe her only for half of the rent for the time you were there. Legally you owe nothing, period: to her or the landlord. There is no need to hide or fear being served. I agree with the previous. Ignore her messages... BUT don't think that her not knowing where you live can avoid you being named as defendant in a suit. All she has to do is attempt to serve you at your last known address. You're better off putting a forward in at the post office so that you DO get notice if she sues you.

CaptainForest · Oct 2, 2006, 01:50 PM

I agree 100% with Rick.

Let her take you to court, you will WIN.

As for her text messafes, just block her or ignore her.

ANichole · Oct 2, 2006, 02:10 PM

Thanks! Well what if she tries to summons me to court and I never get the summons? What happens then?

RickJ · Oct 3, 2006, 03:22 AM

If a court date is set and you are not there, you lose... so best to put a forward in at the post office so that you get any mailings.

ScottGem · Oct 3, 2006, 05:49 AM

You don't specify when during the month you moved out. Lets assume you moved during Sept and did not pay the Sept rent. In that case you owe at least a pro-rated amount for Sept, if not the whole month. Other than that, you owe nothing.

But one thing makes me curious. You state there were several notices on the door about electricity being shut off. Did you do anything about those notices? Did you contact the utility or the roommate about them?

A case MIGHT be made, that since you were occupying the premises, essentially alone, that you owe at least a portion of the electric bill. Especially if you ignored the notices.

ANichole · Oct 3, 2006, 06:00 AM

Thanks! I moved out at the very end of July.

The electricity was in someone else's name other than the roommate or myself. That person was either taking out of her name and it should have been transferrred to my roommates name or they didn't pay it. I didn't see the bills , she was never there to go check the mail and I did not receive mail there. I put the notices on the table so she could see them when she came in. I did not contact the utility company.

Can she prove how long I was there?

ScottGem · Oct 3, 2006, 06:09 AM

Who did you pay rent to? That could prove how long you were there. If you paid for July, then you shouldn't owe anymore in rent.

I'm still bothered by your inaction over the notices. Do you know that she saw them? I assume she got mail there and you put them with her mail. Did she pick up the mail?

Did your friend tell you that you needed to share the utilities? If so, then what were you thinking when you never paid anything, especially after getting the notices.

The point I'm making is that a case could be made that you owe something for utilities. It depends on facts that you haven't provided yet.

ANichole · Oct 3, 2006, 07:00 AM

The rent was paid to the front office. I dropped my half off with both names written on the payment which was money orders.

She saw the notices... she knew she had not either bothered to switch utilities in her name or pay the bill.She and the other girl were supposed to settle all of that and I was never approached about paying any part of the electricity. I assumed I would share the cost but never saw a bill, and was never asked for money.

ScottGem · Oct 3, 2006, 07:23 AM

OK, if there was no specification that you pay the utilities and no attempt to collect utility payments from you, then it would appear you are in the clear. If they sue you, they would have the burden of proof that you knew you had to pay the utilities.

excon · Oct 3, 2006, 07:43 AM

Originally Posted by ANichole

She saw the notices...she knew she had not either bothered to switch utilities in her name or pay the bill.She and the other girl were supposed to settle all of that and I was never approached about paying any part of the electricity. I assumed I would share the cost but never saw a bill, and was never asked for money.

Hello A:

Yes, she was bad and wrong, but that doesn't alleviate your responsibility. You used electricity and you knew that you owed for electricity. To not pay because nobody asked, isn't going to wash.

I don't know how much you owe her, but you owe. Sit down with her and discuss it. Or get sued and I'll see you on Judge Judy.

excon

ScottGem · Oct 3, 2006, 07:58 AM

What excon is saying is what I was trying to get at. However, if you were NEVER told that you would be responsible for utilities, then it would be reasonable to assume that if you were never asked for money you didn't owe. But if it was EVER mentioned that you would be responsible for a share, then your actions indicate you tried to avoid paying.

ANichole · Oct 4, 2006, 07:09 PM

The issue isn't really about the electricity, however you make a good point. I will call the girl that had the electricity in her name and offer to pay some money, which is more than I can probably say for the "ex-roomie".

s_cianci · Oct 4, 2006, 07:58 PM

Technically it doesn't sound like you are liable for anything. But as I understand your post you paid rent every month you lived there and didn't pay after you had moved out. Since you paid for the time you lived there the only thing that potentially comes into question is the electric bills. Strictly speaking, since the account wasn't in your name, you aren't responsible for anything. Now your ex-roommate may try to take you to small claims court and the judge may order that you reimburse her for a portion of electric bills paid during the time you were living there ; it's hard to say for sure and depends on the judge.

excon · Oct 4, 2006, 08:32 PM

Hello again A:

Cool. You have a good moral compass. The rent may be similar too, but I can't figure it out. Some people get stuck while others skate. In the same vein as the electricity, if somebody is getting stuck because you moved out, then you owe that person some money too. Or at least the two of you can argue with the landlord.

excon