What is a subtenant’s responsibiity regarding utilities?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What is a subtenant’s responsibiity regarding utilities?

In May I subleased a room for 2 months. The landlord informed me that the roommates would let me know when utilities were due. I paid the utilities for May however a week into June I was disqualified from my school and moved back home. However, because I had a written agreement, I paid the rent despite not living there. I then lived there for 2 weeks in July and moved out. During that time I lived there these roommates never asked me for utilities. Now the landlord claims I cannot get my $450 deposit back because I did not pay utilities and because there is damage to the comforter. The comforter already had tears in it however he claims they were not there and that I owe him money. I claim the utilities dispute is between the roommates and I and that the comforter is not worth $450. Do I have a case against him?

Asked on September 17, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you sub-leased the rental from a tenant, the landlord (owner of the rental) has no say as to what your arrangements were with the tenant (your landlord) unless the written states so.

If your sub-lease says nothing about utilties to be paid, then you are under no obligation to do so. I suggest that you read your sub-lease carefully in that it sets forth the terms and conditions of your obligations to the sub-landlord and vice versa.

If you paid the $450 as a security deposit to the owner of the property then you are entitled to receive it back immediately because he or she is not your landlord under the sublease.

I would write the property owner a demand letter stating the need for payment of your $450 by a stated date. Keep a copy of the letter for future use and need. If the due date comes and goes for the return of your $450, your recourse if you want its return is small claims court.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption