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:
Your rental agreement is the binding legal document that governs your tenancy, and if it states that utilities are included, you are not legally obligated to pay for them - regardless of any voluntary payments you made in the past.
When you helped with the utilities during that high-bill summer, you were doing so voluntarily and creating what's known as an informal arrangement. This kind of voluntary payment doesn't modify your original lease agreement unless both parties formally agreed to change the terms in writing.
Your landlord cannot force you to continue these payments since they're not part of your lease. However, it would be wise to communicate your decision to stop payments in writing, referencing your original lease terms. Keep copies of all correspondence and your lease agreement in case any disputes arise. If your landlord tries to retaliate or force payment, you may want to consult with a tenant rights organization or legal aid service in California for support.
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.