I pay my rent every month on time with military allotment. I have a seperate obligation that i have to pay my utilities seperate, in which is in my name. My landlord without asking or making me aware of the situation of a past water bill balance, and used my rent money to pay the water bill. Now the landlord is asking for the balance of the water bill as if its late rent. They are in the process of a eviction due to the water bill balance they say i accruded while living at the residence. Can they really do that without asking me or making me aware of their payment to the utility company?
Administrative Law Lawyer
If the water bill is in your name, why should the landlord be paying it? You will have to find out if the utility can demand payment from the property owner if the named party is in default? How your landlord can demand payment is to be found in your lease, read it.
Real Estate Attorney
Read the lease concerning responsibility for utilities and usage by the landlord of rent/security deposit to cure defaults. The right to apply payments to other liabilities is probably in there. Since water bills run with the land, they can become liens against the property and when the occupant does not pay on time the owner does get a courtesy notice.
You should have a right to cure the default and pay the balance and I suggest you do so if payment of water bills were your responsibility. Consult with an attorney if the landlord continues with the eviction process after payment.
NOTE: The response given does not form an attorney-client relationship and it is provided solely as the opinion of the author. If a legal opinion or representation is desired, please seek independent legal counsel.
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