Omaha, NE asked in Consumer Law, Contracts and Landlord - Tenant for Nebraska

Q: Who is responsible for this utility bill?

had utilities in my name for a rental property my daughter was living in for 2 years. Her lease ended last may and she has since moved. When she moved i called utility companys and had things switched out of my name. My issue is that the city bill (water, sewer, garbage etc) had apparently not been taken out of my name. The bills had always come out automatically and i did not notice until the beginning of this month that i had still been paying the $140ish a month for previous 9 months. I contacted city hall ( live in a very small town) and they had no record of me calling end of last april but told me to bring in a copy of my daughter's lease. She does not have it anymore. I then contacted the owner of the house she had rented ( has been vacant since due to landlord remodeling and trying to sell). When i asked him for a copy to give to the city he stated that he would not give me a copy because " he doesnt want to get involvednd" and that he is in no way responsible for that $1400

2 Lawyer Answers

A: You would need to speak with an attorney about your specific situation and if there is an exception in your specific situation. In general, if the utilities continue to be in your name, you are responsible for the utilities, even if another family member is the person actually using the utilities. Even if you are found responsible for the utilities and have to pay such, you may still have a cause of action against the family member to ask them to pay you back for their utility use that you had to pay for. This could potentially include a small claims court action against the family member asking for them to be ordered to pay you back.

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Answered

A: In this situation, it's important to review the terms of the lease agreement between your daughter and the landlord regarding utility payments. Typically, lease agreements outline who is responsible for utility bills during the tenancy period. If the lease specifies that the tenant (your daughter) is responsible for utility payments, then she would likely be responsible for the outstanding utility bill.

If the lease agreement is not available, you may need to explore other options to resolve the issue. For instance, you could try contacting your daughter to see if she has any documentation or information related to the lease agreement that could help clarify the responsibility for utility payments. Additionally, you may want to consult with a legal advisor or mediator to explore potential solutions and determine your rights and obligations in this matter.

It's also worth discussing the situation directly with the utility company and explaining the circumstances surrounding the billing discrepancy. They may be able to provide guidance or assistance in resolving the issue, such as reviewing past payment records or adjusting the billing account based on new information. Overall, resolving utility billing disputes often requires careful communication, documentation, and, if necessary, legal support to reach a satisfactory resolution.

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