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Water & Sewer

I pay for the water and sewer in my apartment building. The reason is the home is very old and the utilities can not be separated. The bill is sent to me on a quarterly basis. Last bill went up 80 percent. I found out the tenant on the first floor was letting his son and girlfriend that do not live in the apartment use the washer that I have supplied.  The difference in the water bill for the quarter was $168. The tenant in question just gave me his 30 day notice. My concern is the next water and sewer bill I receive will be high again. My question is can I legally hold onto his security deposit until the new bill comes in. I live in NH.  Thanks,  Dave

In the lease agreement where it states the landlord is paying for water and sewer, it is good to add a clause that will define  the maximum amount the landlord is willing to pay. If the tenant goes above this amount, the tenant is required to pay the difference. IF it is not defined in the lease agreement there is no legal way to take from the security deposit. Really sit down and read the lease and see if there is a way around you paying above what you are willing to pay.  Good luck!
Thanks for the response. It is very hard to define due to the fact there in one meter (water & sewer) for the building. The cost to put a second meter is very high, plus the city will not acknowledge it. One apartment may use more than another. I cannot calculate the usage separately. I do provide washer hook ups and both apartments have a washer. Putting a coin operated washer in the apartment is very expensive.
Thanks for the response. It is very hard to define due to the fact there in one meter (water & sewer) for the building. The cost to put a second meter is very high, plus the city will not acknowledge it. One apartment may use more than another. I cannot calculate the usage separately. I do provide washer hook ups and both apartments have a washer. Putting a coin operated washer in the apartment is very expensive.
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