Q: My rental agreement says utilities included but one hot summer the bill was very high so I helped to pay it down .
And have been paying half utilities ever since. I am no longer able to help and it is not in my rental agreement. Am I obligated to continue paying half utilities just because I was willing and able to help before.?
A:
If your rental agreement explicitly states that utilities are included, you are not legally obligated to pay for any portion of the utilities, regardless of previous voluntary payments you made.
Your past willingness to help with utility costs does not create a new legal obligation or modify the original rental agreement. In California, any substantial changes to rental terms must be made in writing and agreed upon by both parties. Your voluntary contributions, while generous, did not constitute a formal amendment to your lease.
You should communicate with your landlord in writing, referencing the specific clause in your rental agreement that includes utilities. Keep copies of the lease and any correspondence for your records. If your landlord attempts to force you to pay utilities or retaliates against you for stopping payments, you may want to contact California Housing Rights Center or seek legal counsel to protect your rights under the original agreement.
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.