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ChihuahuaMomma · Feb 2, 2010, 03:21 PM

Hi there,

I have a question. OBVIOUSLY. I moved out of my apartment on January 31, 2009. Turned the key in on February 1, 2009. They SAID that they would take care of turning off the electricity. Now, I find out that unless stated in the lease they do not hold responsibility for turning off any utilities. So, I later receive a bill for service until March 24, 2009. So now I owe $320.14 for time I wasn't there. Is there anything that I can do. This isn't fair. I am paying two months of someone else's bill. Unless I work out a payment plan with the Electric company, I'm being sued for this debt in 30 days.

Thank you.

ScottGem · Feb 2, 2010, 04:10 PM

Do you have any proof they told you that? Did someone move in immediately after you?

ChihuahuaMomma · Feb 2, 2010, 04:19 PM

No, I don't. That's where my dilemma lies. And the fact that it was a year ago, I can't even remember who I spoke to. And I do not know if someone moved in immediately but based on the bill, I would assume so. Unless they are using $100+ electricity a month with no occupant.

J_9 · Feb 2, 2010, 04:23 PM

Do you mean January 2008? In your OP you say Jan 2009... that was a few days ago.

ChihuahuaMomma · Feb 2, 2010, 04:24 PM

No, January 2009. That was last year. It's 2010.

J_9 · Feb 2, 2010, 04:35 PM

My bad... my brain is all messed up with working so much... you are right, I am wrong. I goofed.

ChihuahuaMomma · Feb 2, 2010, 04:38 PM

LOL. I do the same thing. I have so many signatures at work with 2009 dates.

J_9 · Feb 2, 2010, 04:38 PM

Originally Posted by ChihuahuaMomma

LOL. I do the same thing. I have so many signatures at work with 2009 dates.

Thanks for understanding. I have too much on the brain right now. ;)

ChihuahuaMomma · Feb 2, 2010, 04:41 PM

You and me both. In case you can't tell from my recent posts and lack of participation here lately. I usually just pop in to check the Vision section lately. I feel bad. Clough sent me a private message the other day and I forgot how to answer it. I was so irritated!

ScottGem · Feb 2, 2010, 05:05 PM

Ok, the first thing you need to do is see if someone in the office will confirm what you were told. Also get written confirmation of your move out date and see if you can find out when the apartment was rented again. You may have to issue a subpoena for those records.

If you can't prove you were told that and your lease says you were responsible, then you will have to pay. But you should be able to sue the new tenants for not changing the utilities into their names

Fr_Chuck · Feb 2, 2010, 07:25 PM

Who is paid for the electric, do you pay to the landlord, or do you pay the electric company

ChihuahuaMomma · Feb 2, 2010, 08:37 PM

Scott- No one in the office will confirm that since they said "that's not something we do". OBVIOUSLY! I tried that already. I will try to see when the new tenants moved in.

Chuck-The electric company.

Iknowalotofstuff · Feb 2, 2010, 08:49 PM

Who got the benefit of the electricity after you moved out until you found out that it was still in your name? There is a legal principle called "unjust enrichment". The party who got the advantage of the electricity seems to have been unjustly enriched. If you know who this party is and you are sued, you should investigate whether you can name the person or business that got the benefit as a third party in the legal action.

It seems that landlord did not exercise their duty of care to you to minimize any loss arising from the termination of your tenancy.

Good luck!

ChihuahuaMomma · Feb 2, 2010, 08:52 PM

I don't know that yet. I have offset legal action for 30 days, in which time I have to prove I didn't accumulate the debt personally, and prove who did. Well, and prove that they said that would terminate it.

ScottGem · Feb 3, 2010, 05:42 AM

The first thing you should do is go to the court and ask how to obtain subpoenas. You should obtain a subpeona to serve on the landlord to produce the records of when you left and who moved into your old apartment and when. You want to serve another against the electric company to produce usage records during your tenancy and afterwards. You indicated a $300 bill for less than 2 months. This would help indicate that the apartment was in use after you left.

Also, ask your current landlord for a letter stating when you moved in and/or produce a copy of your lease showing when it took effect. You should be able to prove that you moved into a new place on Feb 1 2009.

Its still possible you could be required to pay, but under the doctrine of unjust enrichment, you would be able to sue the new tenants and the landlord.