Lakewood, CA asked in Contracts and Landlord - Tenant for California

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.?

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1 Lawyer Answer
James L. Arrasmith
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Answered

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.

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