What happens if a homeownershares their house with a tenant and then charges the tenant for all utilities?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens if a homeownershares their house with a tenant and then charges the tenant for all utilities?
Homeowner rented the house, but there was no lease agreement. Now she has moved back into the house and has drafted a lease agreement stating that me, as tenant, would be responsible for rent and all utilities (even though all utilities are in her name). What should I do or what can I do? House is being rented without an occupancy permit.
Asked on April 18, 2011 under Real Estate Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Leave aside the issue of the occupancy permit for the moment, because if you "play that card," so to speak, you'll have to move out--rental won't be allowed. So it does not help you rent the place on favorable terms.
Apart from that, if you did not have a written lease, you were a month-to-month tenant. A month to month tenancy may be terminated or altered by the landlord on one month's notice (though only going forward; not for previous months). The landlord could therefore give you notice that you have to pay for the utilities, and if you won't, she may evict you. The fact that the utilities are in her name does not mean you can't be expected to pay for them--it just means that in the event of nonpayment, the utility goes after her (though she might then, if you agreed to pay but did not, be able to go after you).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.