My husband and I have a residential home that we rent out in Boise. It's been over 3 mths since my current tenant moved in & she still hasn't switched the water or sewer in her name. We received a past due sewer bill which states that if we don't pay it will be sent to collections. Then we received a water bill & contacted the tenant but she’s not responding. We can't afford to pay since we are currently in financial trouble. I know we can't have the utilities turned off, but if we don't pay the bill and the utility company turns the water off for non-payment, what then? Can we use her security deposit to pay her bills and demand that she replace that amount? Is there anything we can do to protect ourselves? Considering eviction but need money for a lawyer. We live out of state.
In almost any landlord-tenant situation, it really helps to know if there is a written lease, and if so, what are the terms of that lease? In this case, does the lease require the tenant to switch the utilities to their name? What does it say about whose responsibility the utilities are? If you have a good lease, the tenant's failure to pay the utilities could constitute grounds for you to terminate the lease and force them to move out.
As to the security deposit, again it depends on what the lease says the deposit can be used for. Most security deposits are only used to repair damage to the premises, but it's possible that you can apply the money to utilities. Again, it just depends on the lease terms.
If you're renting the house without a written lease, that's not a great idea. However, that would make this a month to month lease which you can terminate with just a written notice.
*This answer is intended for informational purposes only and does not establish an attorney-client relationship or give rise to any privilege.