Im in FL. My roommate moved out with notice, she was not on the lease, but the elctric bill was in her name as the main account holder (for 6mos+), and I was listed as a contact or someone able to disscus the bill. I have gotten different response from the electric company about how we could have handled the final bill. I was told if I was a "customer of record" she could take her name off and transfer it to me, if I signed a paper staying I was going to be taking over payments. This morning I received a text saying I was to in to the electric company to accept the transfer. In realility she went in and had our service disconnected. The previous deposit of $250 was applied to the final payment. But I had to re-start service in my name. I now have a $290 - Deposit and a $27 - Establishment Fee as well as the amount of electric used before they read the metter. She did not tell me that she was going to be disconnecting the service. She had actually text me and told me that it was going to be transferred. I did not find out the full situation until late afternoon. I was just curious if there is maybe a civil claim, or small claims court case I could file against her for the deposits we incured because we were not notified, or were lied to in our notification. Rent is due the 1st of every month, with Electric on the 6th. She moved out on the 24th. I don't think I can hold her accountable for rent because she was not on the lease but this bill is going to be over half my rent.

I don't see anything actionable with respect to the electric bill. It was her choice to transfer or shut off. You did not suffer any unnecessary loss. And the electric company should allow you to pay the bill in installments.

On the other hand, if you are on the lease and she was not, then YOU are her landlord and she IS responsible to you for for her share of the rent up to the end of the notice period. According to FL law she is required to give you written notice at least 15 days prior to the end of the rental period. Since rent is due on the first and she left on the 24th then she owes rent for the full month of January and you can sue her for that.

I also noticed a typo She did NOT give me any notice She said she was staying at her grandparents house for a couple of night Then came and got her stuff I paid the original deposit on the account I have in writing she was going to transfer

Main reason why I was curious is because I do have it in writing and the first deposit was $250 plus electric used and now its $300+ along with electric used

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First, please don't use the Comments feature for followups, Use the Answer options at the bottom.

If you have proof that she was responsible for PAYING all or part of the electric bill, you can sue her for whatever you caqn prove she did not pay. But she had a choice as to cancel or transfer.

I understand that she has the option to cancel the service or transfer it, especially when they are the main account holder. But I have it in black and white from her, that she would NOT disconnect, but transfer the service. I don't have anything stating she would pay, as the previous deposit I paid, covered the final bill from the account she stopped. Im wanting all or part of the deposit money I'm having to pay to re-start a service I have in "black and white" she would not stop.

Thank you for the info on the 15 day rule.

I don't understand how you can say you don't see anything "actionable with respect to the electric bill". I had talked to her not the day she did the disconnect and the Friday before (disconnect happened on a Monday)I also don't understand the comment of "You did not suffer any unnecessary loss". Umm, had she just transferred the service as we had agreed, I wouldn't have to be paying a $290 deposit and a $27 establishment fee and wondering how I'm going to come up with rent as well. 7 days before everything due she walks out and shuts off the power, how is that not unnecessary? Im thinking I do have claim to this money, as well as the upaid rent, because I was the one who paid the initial $250 when the service was started in her name. So from some of what I've been reading, I should be entitled to that money back. And so, the $250 applied to the final payment is actually my money not hers and she should owe 1/3 of the bill as she did when she was living here.

If you can prove that you paid the deposit in the first place, you MAY be able to get that back. By all means, include that in your suit. But, the fact is that you also used the electricity. A deposit is just security in case of non-payment. Since the account was delinquent the utility felt they needed a deposit to give you your own account. It may be costing you upfront but you are not suffering damages. Since the bill was unpaid and the deposit was used towards the unpaid bill, I'm just don't believe a judge will see it your way.

Look, you are asking us what is likely to happen in court. The law is not always as logical as you seem to think it is. I'm giving you my opinion on what a judge will look at based on my knowledge and experience of the law. If you think you know better then why ask?

There is also another aspect of this. Yes you can sue her. Likely, you will win a judgment against her. But that doesn't help you now. It may be months before this even gets to court. And when you get a judgment you first have to collect on it. When the court awards a judgment the loser doesn't just write out a check before she walks out. You have to collect it yourself. If she has a job and you know where she works, you may be able to garnish her salary. Or if you know where she banks you can attach her bank account. Unless you catch it when she has enough money, it may be a while before you get the money you will be awarded.

The account wasn't deliquent. The bill wasn't even due whenever she disconnected it. So the deposit money I paid was used for a bill with a due date of over two weeks away. Would that make a difference for me?

And I don't think I know better, I'm simply asking questions that are logical in my head, in a situation where it won't effect a case. Its all about knowledge right? So when I read something new or I think of something, I'm just throwing it out there, as I won't be able to do that in a courtroom.

And luckly I know her address, her work, birthdate, S.S. parents names and birthdays. I have her info, so I guess that's a good thing.

In my opinion no. The only thing that might allow you to include the deposit is that you paid it originally, if you can prove you did.

Small claims courts are less formal. You can list whatever damages you think you suffered and a judge will review your evidence and choose what he thinks you are entitled to.

Well it's a good thing I can prove I paid it.

Also, someone told me that if I was to write her a formal letter requesting/explaining that I would like to resolve this matter and well as monies owed, give her another chance to make it right but also notifying her that if we could not reach a resonable agreement I would have no choice but to take it to court,it would look better in my favor. Even more so if she completely disregarded the request.

Herd anything like that?

Frankly, no. I would go the opposite route. I would file in court and when you send her the summons, include a letter saying you really do not want to drag her into court. If she pays what she owes, then you will cease the court action.

Thank you for all your information and all your help.

Good luck and keep us posted.