Start a new topic
Discussions ezLandlord Questions and Answers State Landlord-Tenant Law

Overage on utiliies

Tenant does not want to pay overage on utilities bills that have accrued more than the amount as stated in lease. The tenant states since the bills are from 3 months ago, they should not have to pay. The owner has passed away and the new trustee has just now provided me with paper work such as these bills.Hence why they finally became availably to bill.  How long does an owner need to act on an overage?  What to do?
9 CommentsSorted by Oldest First
What does the lease actually state about utility payments and amount the tenant is responsible for?
"any municipal utility bill ( garbage and water) over $150.00 will be paid by tenants"
Given the death of the owner, I would assume the tenant is still responsible. However, you may want to workout some type of payment plan if the total amount due is a hardship due to the fact that tenant was not notified in a timely manner.
Thank you so much. I don't know why I didn't think of a payment plan! Might  you be aware of a "timely manner"  period of time for charges such as utility bills?
Sorry. Not understanding your question.
Tenant is adamant that owner is acting out of a timely manner for these charges to apply to him. "Time is up. We didn't send a bill in a timely manner." I am wondering if the owner has acted outside of the  window of time to bill for excessive utility use?  Can owner have unpaid charges held from tenants security deposit?
Unless the lease specifies a time at which the tenant doesn't have to pay, I would say "no". Ask tenant politely to show you where the lease states their position. As you mentioned above, the owner died and now someone that is not familiar with the lease is taking care of business. Answer to the sec.dpst question, the answer is yes. However, you could always send a Notice of Default to start the eviction process should they refuse to pay.
20
20
Login to post a comment
More topics in State Landlord-Tenant Law
  • Rent increases
  • Addendum to Lease regarding utilities
  • 30-day notice on a two month lease.
  • condo noise
  • Early termination of lease - Return of Security Deposit
  • Heat
  • 48 hr notice
  • 24 hr notice of entry
  • How to defend yourself in civil court against a tenant?  
  • my tenant changed the locks on my property without my permission, did not notify me or give me keys. Is this legal ?
    ezLandlord, Inc. 22228 St. Barts Lane Estero, FL 33928
    BECOME A MEMBER - DOCUMENTS - TENANT SCREENING - RENT PAYMENT - PRICING - RESOURCES