Landlord sent bill

[pwrlftr]

May of 2009 my then girlfriend and I rented a house. Our landlord gave us a generic lease with his rental amount ($600) and the months (May 09 to May 2010). We never signed the lease, and he never asked us to sign it. We gave him a $600 security deposit and that was it.

We were required to pay the utilities, which we did. The bills never came to us, they went to his address and he brought them to us, usually late.

May of 2010, we told him we wanted to rent month to month as we were looking for a house. He agreed. July 2010 we bought a house and moved out.

He told us he would look over the damages, if any, and send us what was left of the security deposit. Today my now wife and I received a bill from him. He is claiming we owe him electric, water, and sewage for August, the amount to top off the fuel oil tank, the carpet cleaning, and the late water bill for a month or so before we moved out. The city was going to shut off our water and our landlord never brought us a bill. We called him and he said he forgot and he would just pay it, until he found out is was $75, so he wants that as well. Keep in mind we moved out July 31st, 2010.

This all came out to over $1100, so not only did he keep our $600, he wants another $500. I told him no, and he said "see you at the magistrate."

My question is, what rights do we have? We never signed anything, never were told the fuel would have to be topped off, that he was going to clean the rugs, etc.

We have no issue paying for the rug cleaning, but the bills and the fuel?? No way.

What are our right??

Thanks!

 

[Gail_in_Georgia]

Quite simply, your "rights" are to prove (in court, it would appear) that you don't owe for these bills.

Utility bills are sent to cover the actual usage (unlike bills whose amount remains the same month after month..cable, for example). Thus water, sewage and electrical use in July would show up in a bill sent in August. Are these bills your landlord is claiming you owe for July (and received in August)?

In terms of your heat; topping off an oil tank would cover the amount of oil you previously used to heat the unit. Carpet cleaning is a pretty routine charge after one moves out of a rental unit. The landlord should eat the water "late fee" since they forgot to provide you with this bill in time.

You mention that you bought a house in July and moved out July 31st. Did you provide you landlord with adequate notice that you were going to terminate this month to month tenancy? A written (not verbal) notice is typically required at least 30 days before you move out (in other words, July 1st was the deadline to move out July 31st); if not provided you would continue to owe rent unless he has already rerented the unit.

Gail

 

[pwrlftr]

We agree that we owe for PART of the electric (the bill says the balance on 08/18/10 was $0.00) and the bill he sent is dated 09/10. And part of the water (total for May-August was $70, so we owe maybe $40)

The sewage says right on the bill "SERVICE IS FOR AUGUST 2010."

If we moved out July 31st, how could we be liable for a bill for August service??

The later water bill was his fault. I was getting ready to leave for work one day and the city showed up with a turn off notice. My wife called our landlord and he said he forgot, and he would pay it no problem. We offered to pay him for it and he said no, he forgot, he would take care of it. Then he realized it was $70, so now he suddenly wants that money as well.

When we moved in there was 1/4 of a tank of fuel. Durining our stay we filled the tank 3 times, each time in excess of $600. When we left, there was just above 1/4 tank. He filled it and claims we owe $450 for that as well.

We called the carpet company and they said they typically cleaned that rental for $140. The hand written bill we received is for $350 from the same company.

So, we agree we owe for the carpet ($301.87) , part of the electric and water. Hence the reason we told him to keep our $600 deposit. We DO NOT agree to the August sewage, all of the electric, the late water prior or all the water in August, and the fuel.

Also, the electric bill came right to his home address. How do we even know if it was for the rental when it is bill to his home?? He could have us paying his own electric bill. We werent home much in July, we did not have air.

After we moved out he was down there every day with all the lights on, running water, etc.

I guess we will wait to be served, then get a lawyer and counter-sue for the remainder of our deposit and our lawyer fees.

 

[pwrlftr]

Also...

We just noticed his hand written carpet bill is dated for July 30, 2010! We didnt move out till July 31, 2010, so again this is a fabricated bill!

 

[Gail_in_Georgia]

Then this is the evidence you will show in court as proof that you do not owe for these bills.

Gail