What happens if my roommate refuses to pay her half of the utilitiy bills and they're in my name?
All of our bills are in my name (and therefore reflect on MY credit) and I'm considering breaking my lease, but I'm afraid she's going to do something crazy like refuse to pay her half of the bills and stick me with the whole thing. Is there anything that can be done (legally) to either prevent this from happening or to resolve it once/if it happens? Am I just completely out of luck if she screws me over?
Answers:
It's all on you, maybe this will be hard lesson learned. Kick her/him out and get a new roommate.
If the bill is in your name, with no other obligatory contract binding your roommate to some portion of it--- its all on you, at least in Texas. You could take her to court, but unless it is cost effective, and usually it isnt, its more of a waste...unless your talking big bucks, unlike small claims
You can take her to small claims court.
If neither one of you has anything in writing, then sorry to say but you're screwed if she bails. Even if a roommate is a friend always, ALWAYS get agreements regarding paying of bills and rent in writing in which all parties sign the document.
You can possibly sue or take her to small claims court but without documentation that she owes you and with everything in your name, your odds of getting anything are very slim.
If the bills are in your name, you are responsible for them. That's that.
If your roommate refuses to pay, you can take her to small claims court to recover. If she is on your lease or you have some other written agreement you are on even stronger grounds.
I don't understand the breaking the lease bit. If you move out, transfer the service to someone who is staying or cancel the service.
YOU NEED TO SET HER DOWN AND GET HER TO SIGN SOMETHING OR MAKE HER MOVE IMMEDIATELY.
YOU CAN GET STUCK BIG TIME SO DO NOT DELAY.
GET A NEW ROOMIE AND HAVE THEM SIGN AN AGREEMENT BEFORE THEY MOVE IN WITH YOU.
THAT WAY YOU WILL HAVE A LEG TO STAND ON LEGALLY.
I say you take her to People's Court! And get some TV exposure! =)
If your gonna move out call and have the utilities shut off. Tell the roommate that you made the call and she has until such and such date to have all the utilities changed over to her name.
you can take her to court.
If you're considering breaking your lease, then you should let the utility companies know that you have not been a resident of your place for quite some time and that "the roommate's name" has been a resident there but has not gotten the utility in her name and you don't want it to fair badly on your credit.
Furthermore, if the roommate does not know you are breaking lease, just keep telling her that the utilities need to be paid because it will reflect badly on you. Also, you may need to file a civil lawsuit against her in small claims court. They are fast and since you know where she banks and works, if need be, you can submit a garnishment to her bank and employer after winning the lawsuit.
Another suggestion would be to total her amount of the bills due and write them out like in a columnized journal, simple really...and then have her sign that this is the portion of her obligation. Just tell her you need her to do this because it would make you feel more comfortable and also, you need this total for your public assistance, school financial aid, support determination, or make up something with a title like that. You seem intelligent so you can figure something out.
My last suggestion would be that you contact Judge Mathis' or Judge Judy's Courts and expose her on television this way. You won't have to pay any court costs, the show will pay you when you win, and she will lose in front of the world, but the show will pay her judgment to you when you leave.
all you can do is take her to small claims court. :( sorry hun hope it all works out!
Is her name on the lease? If not tell her to hit the road. If you both share the lease, document all bills and receipts you have paid and take her to court. In the beginning you should have had an agreement in writing on each others responsibilities in this matter.
since everything is in your name, kick her out and find a new roomate, preferably one who pays bills.
she cant stop you from kicking her out because everything is in your name.
If you choose to break your lease, keep in mind that THAT can also go on your credit. It will at least be negative for your rental history. BUT, if you do, make sure your bills are up to date and then set everything up to be turned off. It will then be HER problem to get bills paid and not yours.
Sorry but you are responsible for these bills. If they are in your name and not paid they can rake your credit through the mud! Also make sure you will not have penalties for breaking your lease. That can also be costly and reported as collection items on your credit report if not settled correctly.
If you signed and she didn't, YOU are it.
I would recommend having a talk with her.
If she is not going to pay, throw her out now. You may have to call the police to remove her.
Immediately apply for a new roomie. Get your terms in writing before allowing her to move in.
If she agrees to pay, have her sign a paper with date that she will share exactly what and when. Make copies.
Better, have your roomie, sign the rental agreement with you. Then when she doesn't pay, the landlord has some recourse to her.
I wouldn't break your lease if I were you. It makes it very hard to rent from others. You need to keep control of that situation and not just bail out.
Take her to small claims court if she does screw you, but you have the burden to prove she did. YOU signed the bills, It will be hard to prove she was EVER there at all.
Good luck. Expensive lesson.
What happens if my roomate drives my car and doesn't put gas in it and the car's in my name?
What happens if my roomate wears my clothes and gets them stained and I payed for them?
What happens if I buy something (anything) and I let my roomate use it and she damages it, does not use it properly or loses it and refuses to take responsibility?
Do you see where this is going?
Think about it?
You have options just..think about it!
I just noticed the picture beside your question.
Is that you?
Hell! Drop the roomate and you can move in with me.rent free.
If everything is in your name you are responsible! The next time or go and talk to her sensible now put in writing and have it notarized that the utilities are split down the middle or how ever you guys decide. It doesn't cost much and it is a legal binding agreement that holds up in court. But if it jus discussed between you two your screwed. Talk to her about you wanting to move give her time to find something so she not bitter and in a panic like you betrayed her in some way and she should be o.k. cuz you gave her heads up to figure out what to do. Breaking your lease you have to watch cuz landlords have the right to charge you for every month your not there then you'll be paying for rent where you don't live and on a new place. Don't screw up your credit think this through carefully.
you're stuck with the bill then, I'm afraid.
It looks by your question that you're only worried about this happening though... not like it actually has happened.
What I would do in this situation (if I lived close enough to my parents, that is) is that I would pay the whole bill, then call the electric company and shut the power off for a month. Use your parents' fridge for your food, do your laundry at your folks' place. It won't kill you to go a month without your TV or computer. And it will drive your roomie nuts.
When she begs you to put the power back on, ask for her share of the most recent bill. Then get a contract in writing stating that she will pay her equal half for utilities and cable and whatever else you share.
If you know a notary public, get it notarized to prove to her that you are serious. File it.
Then turn on the power.
The worst that will happen because of this is that you will either be paying one month's worth of a utility bill by yourself, or you will be looking for a new roommate.
I can relate 2 where u're coming from, but u take her 2 small claims court, & U're going 2 have 2 prove she's been staying there with u, get something or some type of mail with her name and the address u 2 are living at, & burn her tale up. She knew when she moved in with u, she couldn't stay there 4 free. She agreed 2 go half & half on the bills, then she's just as much as responsible as u r !!
Nothing happens - at least to her. If you put utilities in your name alone, then you are solely responsible. However, if you have an agreement with your roommate, which in your case was probably oral, for her to pay you have the amount on the utility bills then you have a breach of contract case against her. You can show evidence of such a contract by the regular payments she has made to you in the past.
However, you would have to take her to court in order to get the money out of her. But, as far as the utility company goes - you and your credit are on the hook.
I hate roomate situations. You never know what you can get into. Pretty much if it is under your name it would also be your responsibility. Like everyone has mentioned small claims court, even though that can be time consuming if you really would want to get it straighted out. Do talk to your roommate and stress the importance to her/him maybe there is still a bit of good in them. if not kick them out and take deposits from Roomates "new Ones". What goes around comes around, that is a powerful statement that your current roommate needs to be familiar with.
At least two issues: who pays the utilities, and how is that payment divided by the people living there. Your name on the bills makes you responsible for paying the bills. Her being a co-tenant makes her responsible (to you) for approximately half the utilities (unless she can prove some other agreement). Just the fact that she is living there, and you aren't her parents, shows there is an implied agreement for her to pay her fair share!
You could write a short contract in which she agrees to pay one half of all ordinary utility bills received, and agrees to pledge (give you to hold) a deposit of $500 (or whatever two months of bills might amount to) until she moves out, or some other sort of collateral that will make it unnecessary for you to track her down and sue her later. "Sign over the title of your car to me, and I'll let you have a key to my apartment. When you move out, you can have the title back."
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