Q: Hi! I had a roommate drop out of school and leave the college house. He pays rent but refuses to pay for utilities.
The utilities were not included with rent. But under the utilities segment on our lease it shows that the person who is signing agrees to pay for them. Is he obligated to pay?
A: If he refuses to pay, you could sue him in small claims court. But even if you win, that merely gives you a judgment. Then you have to try to collect on the judgment by going to court again. The court filing fees for all that probably exceed what he owes.
1 user found this answer helpful
A:
There are two separate issues involved here: (1) The clause in the lease requiring tenants to pay for their own utilities, which is applicable to all the tenants; and (2) whether that clause requires multiple tenants to "split" the cost of utilities with the other tenants.
So it appears that your former roommate (1) understands that he (and all other tenants) is liable for all the rent if the group stops paying, and (2) believes he is should NOT be liable for his share of the utilities--because he no longer lives there. Forgetting about the law involved and just focusing on the underlying fairness issue, I would agree with your ex roommate; in fact I am impressed that he is still paying his part of the rent. Be happy.
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