Q: Is a landlord allowed to withhold your security deposit from you if there are unpaid utility bills but 1/3 tenants stay?
The landlord rented a house to his daughter and two friends. the utilities are in his daughters name and after he tried to presen a fake lease to our third roommate, and she found out, she decided to move out of the house before signing the lease. I also decided to move out as the landlord told us we all needed to after it blew over. However, his daughter is still living in the house and his son is now moving in.. and he says he refuses to give us our security deposit until utilities are paid. they are not unpaid-closed accounts.. they are still running. Is he allowed to withhold this from us? Seems like he's being a dad and not a professional landlord. Our security deposit should have nothing to do with the utility bills that are owed to another tenant STILL occupying the house, right?
A: Review the lease agreement for any discussion of utilities. It is possible that you must pay your allocation portion of the utilities for the period in which you resided in the home. It is very unlikely that you would be personally liable for utilities after you terminated the lease. If the father/landlord is intransient, you may need to contact an attorney. This is a link to free to low cost attorneys (you local bar also likely has a list of "low cost attorneys": http://www.intotolegal.com/upcoming%20Events/Pro%20Bono%20Services.html .
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
