araignee19
New Member
Sorry this is going to be a long question. I didn't know how to ask it without putting in all the details... Thanks for reading!
First, a little bit of background information: I have been living in an apartment in Colorado for almost two years with two roommates. This past September, my roommates and I got in a fight, and they haven't talked to me since. I was recently offered a job in Switzerland, and will be moving in a little under two weeks. Our lease is up at the end of May, and I am planning to vacate at that time, and the two roommates are going to stay. I am going to continue paying rent until the end of our lease.
However; I had not planned on paying for internet or utilities after I move out. When we move in, we verbally agreed that if someone was not in the apartment for an extended period of time (more than a few weeks), they would not have to pay utilities during those times. We actually acted upon this verbal agreement for one of the other roommates, and she did not pay her whole third of the utilities for about a month while she was gone. Also, the utilities and internet bills are entirely in my roommate's names (one in each of their names).
In a recent meeting with my roommates and our landlord, I was told that the lease states I am required to pay my share of utilities. The roommates told me that if I didn't, they would simply not pay my portion, and then I would have to pay the late fee as well. One of the roommates has a family lawyer (her dad's lawyer) who has been advising her. She claims her lawyer said I will have to pay the utilities, and she has threatened to take me to court if I don't.
Overall, the cost of the utilities and internet over those two months should be around $100-150. It's not a huge sum of money, but I would really like to avoid paying it if I can (it seems like a lot of money to me right now, and I don't feel like I have a moral obligation to pay).
The terms in the lease are as follows:
"You will pay for all utilities, related deposits, connection and disconnect fees, and charges on utility bills connected in your name or during your tenancy. Water, electricity, and gas must be connected on or before the beginning date of this lease contract, as stated in Paragraph 3 Contract Term. Any utility costs incurred by us will remain your responsibility, must be reimbursed to us within 10 days of our notice to you, and will incur an administrative fee of $25 per month until paid.
'You must not allow utilities to be disconnected – including disconnection for not paying your bills – until the Lease Contract term or renewal period ends. Without proper notice to vacate, and without proper transfer of utilities to us, you will remain responsible for any damage to the units as a result of abandoning the unit or discontinuance of utility service to the unit. You will reimburse us for any amounts that we pay to the utility company on your behalf, plus a $25.00 administration fee, within 10 days of getting notice from us that we have paid your utility bills."
This is all that the lease says about utilities. What I am wondering is if this could in fact be used in court to force me to pay the utilities, or if because the bills are in my roommates name, if I can just refuse to pay. Also, if I do refuse to pay, and they did take me to court, how would that work if I am going to be in Switzerland? Can they penalize me for not flying back? Would there be some sort of default ruling?
Would a judge even see this case, since it is such a low amount of money? If I lost the case, would I end up paying more in the long run than if I just paid it now? Do you think I would lose the case? Or is there really nothing my roommates can legally do?
Any thoughts, advice, resources, etc. would be greatly appreciated! I have no idea what to do legally, and I'm at a bit of a disadvantage because my roommates have their lawyer giving them free advice (He's a family friend, as well as their family lawyer).
Thanks!
First, a little bit of background information: I have been living in an apartment in Colorado for almost two years with two roommates. This past September, my roommates and I got in a fight, and they haven't talked to me since. I was recently offered a job in Switzerland, and will be moving in a little under two weeks. Our lease is up at the end of May, and I am planning to vacate at that time, and the two roommates are going to stay. I am going to continue paying rent until the end of our lease.
However; I had not planned on paying for internet or utilities after I move out. When we move in, we verbally agreed that if someone was not in the apartment for an extended period of time (more than a few weeks), they would not have to pay utilities during those times. We actually acted upon this verbal agreement for one of the other roommates, and she did not pay her whole third of the utilities for about a month while she was gone. Also, the utilities and internet bills are entirely in my roommate's names (one in each of their names).
In a recent meeting with my roommates and our landlord, I was told that the lease states I am required to pay my share of utilities. The roommates told me that if I didn't, they would simply not pay my portion, and then I would have to pay the late fee as well. One of the roommates has a family lawyer (her dad's lawyer) who has been advising her. She claims her lawyer said I will have to pay the utilities, and she has threatened to take me to court if I don't.
Overall, the cost of the utilities and internet over those two months should be around $100-150. It's not a huge sum of money, but I would really like to avoid paying it if I can (it seems like a lot of money to me right now, and I don't feel like I have a moral obligation to pay).
The terms in the lease are as follows:
"You will pay for all utilities, related deposits, connection and disconnect fees, and charges on utility bills connected in your name or during your tenancy. Water, electricity, and gas must be connected on or before the beginning date of this lease contract, as stated in Paragraph 3 Contract Term. Any utility costs incurred by us will remain your responsibility, must be reimbursed to us within 10 days of our notice to you, and will incur an administrative fee of $25 per month until paid.
'You must not allow utilities to be disconnected – including disconnection for not paying your bills – until the Lease Contract term or renewal period ends. Without proper notice to vacate, and without proper transfer of utilities to us, you will remain responsible for any damage to the units as a result of abandoning the unit or discontinuance of utility service to the unit. You will reimburse us for any amounts that we pay to the utility company on your behalf, plus a $25.00 administration fee, within 10 days of getting notice from us that we have paid your utility bills."
This is all that the lease says about utilities. What I am wondering is if this could in fact be used in court to force me to pay the utilities, or if because the bills are in my roommates name, if I can just refuse to pay. Also, if I do refuse to pay, and they did take me to court, how would that work if I am going to be in Switzerland? Can they penalize me for not flying back? Would there be some sort of default ruling?
Would a judge even see this case, since it is such a low amount of money? If I lost the case, would I end up paying more in the long run than if I just paid it now? Do you think I would lose the case? Or is there really nothing my roommates can legally do?
Any thoughts, advice, resources, etc. would be greatly appreciated! I have no idea what to do legally, and I'm at a bit of a disadvantage because my roommates have their lawyer giving them free advice (He's a family friend, as well as their family lawyer).
Thanks!
