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MarthaGrayse
Apr 10, 2007, 05:33 AM
Hi!

We have a rental house in north Georgia. The current tenants have been there since January 2006. Before they moved in, the house had been vacant for a few months & needed to have repairs made. That being the case, we had the electricity turned back on & had the gas tank filled so there would be heat while the repairs were being made (this was in November 2005).

When the renters moved in, it was with the understanding that they would be responsible for all utilities. We told them several times (verbally & in writing) that the electric company & gas company bills needed to be changed to their name -- this still hasn't happened and both accounts are in my husband's name. We get the bills from both & forward them on to the renters for payment. The electric bill was only partially paid last month (current balance on the account is $203) and the gas bill hasn't been paid since January of this year (current balance is $876).

On top of that, we haven't received any rent for February, March or April (and only received part of the rent for January). The guy who is renting the place works for my husband's brother-in-law (who is a custom home builder), so we know he is making really good money. However, we are about at our's wits end, especially since we learned that he also owes money to our brother-in-law.

What, legally, can we do about all of this? We understand that we are ultimately responsible legally for the utility bills since they're in my husband's name. Can we take him to court for reimbursement if we pay them? And what can we do about him not paying the rent?

Any advice is most appreciated. Thanks!

ScottGem
Apr 10, 2007, 05:47 AM
They are in violation of the lease. Why have you waited so long?

First on the utilities, you need to immediately contact the utility companies and tell them you are not responsible for the utilities and to take them out of your name. Send a letter to the tenants telling them You have done this and if they do not pay the bills and transfer the service, the utilities will be shut off by the companies.

Second, I would include in this letter a demand that they bring the rent up to date within 2 weeks. Otherwise you will start eviction proceedings.

Check the sticky notes at the top of this forum for the laws about the eviction process.

If you are going to be a landlord, you can't let tenants walk all over you. This guy probably sees you as a pushover since you are letting him get away this. You need to show him the free ride is over.

You may be held responsible for the utility bills up to when you cancel the service. You might decide to pay them so as not to affect your credit rating. But you can certainly sue the tenants for reimbursement.