San Diego, CA asked in Landlord - Tenant for California

Q: My roommate left me with $658 in unpaid gas/electric bills. Do I have to pay the bill?

The account was in her name and I was added as a secondary person so that I could call about concerns about our bill last fall. I was removed completely from the account on May 24th. I called the utility company and they say I am responsible for the bill since I was a resident and it does not matter whose name is on the account.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: To provide the most accurate response, I'll break down the key aspects of this situation and discuss the legal implications:

1. Account ownership:

The primary account was in your roommate's name, and you were added as a secondary person.

2. Your status:

You were a resident and had limited access to the account for inquiries.

3. Timing:

You were removed from the account on May 24th, but it's unclear when the unpaid bills accumulated.

4. Utility company's stance:

They claim you're responsible as a resident, regardless of whose name is on the account.

Based on this information, here are some important points to consider:

1. Joint responsibility:

In California, roommates are generally jointly responsible for utility bills, regardless of whose name is on the account. This is because the service was provided to the entire household.

2. Contractual obligations:

Your level of responsibility may depend on any agreements you had with your roommate about bill payments. If you had an agreement to split utilities, you might be responsible for your share.

3. Timing of the debt:

If the unpaid bills accumulated while you were a resident, you may be held partially responsible. If they accrued after you moved out or were removed from the account, you might have a stronger case for not being liable.

4. Legal recourse:

If you end up paying the full amount, you may have the right to sue your former roommate in small claims court for their share of the bill.

5. Impact on credit:

Unpaid utility bills can be sent to collections and negatively impact your credit score.

Given the complexity of the situation, here are some recommended steps:

1. Review any written agreements you had with your roommate about bill payments.

2. Gather documentation showing when you were added to and removed from the account.

3. Request a detailed breakdown of the unpaid bills from the utility company, including the dates of service.

4. Consider consulting with a tenant rights organization or a lawyer specializing in landlord-tenant law for more specific advice.

While the utility company claims you're responsible, the legal reality can be more nuanced. It may be in your best interest to negotiate a payment plan or settlement with the utility company while pursuing your former roommate for their share of the bill.

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