Huge tenant Vs tenant mess

[bruce3211]

My daughter and friend (at the time) entered into a lease in April 2009 for 1 year. Tenants were responsible for utilities. My daughter is the only one listed on the heat and light bill, roommate contracted for TV and internet service and they agreed to split everything. In July, some misunderstanding happened and the roommate moved out. Right before roommate moved out a friend of hers moved in and they were to split everything 3 ways. They worked it out and each have been paying 1/3 of the bills. That has occurred until early December when roommate #3 unexpectedly moved out and the original roommate told my daughter she was going to get out of the lease and not pay anything.. My daughter informed the new landlord (oh yeah, the house was sold to a new landlord) that she could not pay for this by herself, so please don't let the original roommate off the lease. He very clearly, indicated that they are committed to April and the only way off the lease is for someone is to find a new tenant that is acceptable to everyone. The third roommate who is not on the lease, just moved out leaving my daughter in the house by herself. Here's the question. The original roommate clearly is contractually obligated to pay her 1/2 of the rent, but she may be intending to no longer pay her share of the utilities. She has cancelled the TV and internet that was in her name, leaving the heat and lights. My daughter can't afford to pay all of the utilities on her own. Still going to college. Is there any "implied" obligation on the part of the original roommate to continue to split the remaining utilities? It was her choice to move out. My daughter has told her they have to hang together so they don't jeopardize their credit and future ability to rent. My daughter has offered to move out if her original roommate has someone she would like to live with. The roommate has declined and said she has no interest in moving back into the house. My daughter has been unable to locate anyone else as they are involved in their own leases.
Back to the utilities, if roommate refuses to pay, does my daughter have any options or recourse?

 

[Gail_in_Georgia]

While all tenants who signed the lease are liable for rent until 1. the end of the lease or 2. they find someone to take over their share of the lease, they are not liable for utilities that they are not using. It's a bit much to expect them to pay for heat and light when the only person using these is your daughter.

Gail

 

[bruce3211]

Thank you for your response. It was her choice to leave. Neither one of them would have entered into a lease if they knew they were going to be fully responsible for the utilities. I would say "it's a bit much" to expect my daughter to pay the utilities on her own, that's not what she signed up for. So one party leaving, forces the other to renege as well, because she can't pay the whole utility bill, ultimately screwing them both. Do I have this about right?

 

[mightymoose]

I am surprised that the initial friend who moved out willingly continued to pay the rent after leaving. It was the right thing to do... but honestly I have never heard of anyone doing that without a fight. As far as the initial roommate is concerned, she is only obligated to the rent until the lease expires. She is not living there, so she does not have any share of the utilities to be splitting.
As for roommate #3 who recently split, though she was not on the lease there was an existing agreement. She has the same obligation to provide 30 days notice to the other tenants as the tenants do to the landlord. If you want to file small claims and hold her responsible for her share of the rent from the time that she moved out until a new roommate was found then you can do that. She, however, is not responsible for a portion of the utilities if she is not living there and using those utilities.
Your daughter should be making a legitimate effort (advertise) to find new roommates to cover the rent. If she is not making these efforts then it will be harder to claim damages against roommate #3. She can hold roomie #3 responsible for the cost of advertising as well as court costs.
If roomie #3 is being stubborn and is not trying to find a replacement, perhaps she will be motivated by a summons to court.

Also.... tv and internet are not absolutely necessary. If the lights are on and she has gas, water, trash service... she should be set. Those are affordable. Tv's, phones, and internet are conveniences, and are the most expensive ones. If she is a student then surely she has access to these things at school when needed.