[GoodLuckPig]

OK so here is the situation, three friends and I leased a 2 bedroom apartment under a year contract. We made a verbal agreement to pay all utilities and rent, we agreed to add up and divide the payments four ways. Internet, gas, power, TV, and rent. I being the leader of the group went ahead to get the power and gas set up so we could move in, I also set up the TV contract as I would be using it when we moved out. We also decided to pay $100 a month per person to stock up on food for all of us. (Most people told us 400 a month for four people was not enough but we have so much food left over that we are going to have to throw half of it away).

Everyone stuck with the agreement and there are 9 months of history to show everything was going as agreed until this month.

For the utilities we pay a month behind like usual. We all decided to stay during the summer and attend school and/or get a job. Now one roommate went behind everyone's back to rent a house with another group of friends and moved out. He told us he would stick to the agreement and pay as usual. A second roommate decided to go home for summer break. I and the third roommate stayed behind got jobs.

We were doing fine till the bills came. Rent was no issue, everyone's name is on the lease so the have to pay no matter what or face legal consequences from the apartment. However, when it came to utilities the two who left felt no obligation to pay. When asked to pay their share they refused. Power, gas, and TV, one of the roomates who left had the internet in his name and tried to split it two ways with us two remaining tenets.

Now as far as I am concerned they are obligated to continue paying as agreed. Just because the decided to leave doesn't mean they can just refuse to pay. They had every right to leave but this is their place of residence, first and foremost and refusal to pay for utilities results in eviction. Since the Apartment contract itself states that power and gas shall remain on during the duration of the lease, otherwise it is a breach.

How does the law view this situation? I am planning on continuing paying the bills untlll the lease is up and then pursing reparations in court for the quarter of the bills not paid during the three months. Since they are allowed to come and go as the please into the apartment they should be responsible for all costs related to the apartment not just rent. Any insight?

[GoodLuckPig]

Just to add, under contract law can I use as my argument that, all parties involved in and responsible for maintaining the full operation of the home, shall continue to maintain full operation of the home during the time frame agreed upon. That if I have to go out and enter into a contract with an internet provider to maintain internet service, because that was an agreed upon as a requirement for full operation of the home, that damaged could be sought from those who failed to contribute to the sustaining of the internet service and this failing to maintain the full operation of the home. Since there is is history of performance that gauges the requirements needed to maintain full operation. I define the term "full operation of the home" as providing the essential services needed to promote a suitable environment to live in. The essential services are water, gas, power, internet, TV, and garbage. Since water and garbage are the responsibility of the owners the only essential services required to be maintain by the household are gas power internet and TV that does not deviate from the accustomed standard of quality. That is no person shall degrade the quality of a service in order to avoid paying an agreed cost. Since the only services that can deviate in quality are TV and internet it will be reasonable to require that the same standard of service be maintained throughout the entire time frame that was agreed upon. This time frame being the duration of the lease.

Now this was not the exact wording of the verbal agreement but it was the implied and understood agreement that all services would stay the same during the entire lease period and that the entire household would contribute equally to the keeping these services in operation. I think that geographical location of the members in the household is not an excuse to abstain from meeting the verbal agreement, that has been confirmed through monetary exchange until now.

I know I could find a way to win this case in small claims I just want to get everyone back on the same page before that happens.

[AK lawyer]

You are right. They should continue to pay their shares of the utilities. What else did you want to know?

[GoodLuckPig]

I was wondering how I should pursue this in court if it comes to that.

[AK lawyer]

I was wondering how I should pursue this in court if it comes to that.

Sue them in small claims court for their shares. Explain to the judge what you have explained above. You might want to clearly state the amounts you figure each owes, and how those amounts are calculated.