Paid the Landlords Power Bill- OVER $3500

We have been renting a home for the past 5 years with a workshop. We just found out we have been paying the power bill for the landlords workshop and one of his employees for the past 3 1/2years. He also has a workshop but it faces a different street. That is the power bill I was paying. The bill was coming to our house and he said he forgot to change the address for his workshop. We asked for our money back when we vacated the property about two weeks ago. That is when we found out about the power bill as I had it shut off. He now states because the house needs to be repainted for another tenant and the carpet needs to be replaces we owe him money. The carpet was already used when we moved in and I thought every home was repainted inside before another tenant moved in. The only damage was a very small hole in the carpet which we do agree was out fault. Also we informed him months ago about a water leak which he did nothing about. Now he's also stating since the floor has damage from underneath we need to replace the whole floor. Are we responsible for repainting and the floor? In 5 years he never maintained the property. In fact when we did call him he never responded (like calling him about the water). We took care of everything out of our pocket. What the whole thing amounts to is that he wants to get out of paying us back for the power bill. Am I responsible for repainting the house and the flooring? Can I get my money back for the power bill. I have bank statements showing I paid it.
Thank you

Typically, tenants are required to put down either a security or damage deposit for exactly this type of situation. Yes, I also agree that you're not responsible for repainting the residence for future tenants; that's a standard landlord expense .. call it a "cost of doing business." Regardless of your location, a landlord is required to maintain premises in 'habitable condition,' and if an entire floor suddenly requires replacement, I don't think you lived in a 'habitable' residence. You said "we" contacted him several times in regards to the leaky faucet; regardless of whether or not written complaints exist, I do believe you'd prevail in a small claims suit (should it come to that.)

When it comes to carpet repair, depending on the size of the hole and age of the carpeting, I also don't think it's your obligation to furnish him funds to recarpet an entire room. It's very likely your entire deposit will more than adequately compensate him for any out of pocket damages, especially if the carpet was already worn at the time you took occupancy.

You're well within your rights to collect on all monies owed on the electric bill, in my opinion. If you have copies of the bills, evidence you made the payments, etc for premises other than your own, I think you're entitled to a refund of that money. Given the situation between you and your previous landlord now, that might be a bit difficult outside of a small claims court. It's up to you to decide if your out of pocket expenses are worth your time and some money for possible court costs warrant pursuing this. At any rate, accepting your post at face value, this appears (to me) a simple case of "landlord retaliation."

Good luck.

I don't understand how YOUR name got on HIS bill. If the bill was coming to your residence, whose name was on it? Was all of it in his name, and he was had his out building included on your bill?

I wouldn't take this up with your landlord any further. I would simply contact the utility company and show them where they billed you for electricity that someone else used. Unless, of course, your landlords name is on your bill AND his bill for his out building. If it is all in his name, you will have to go to small claims court to recoup your loss since you can not, in all likelihood, prove you didn't agree to pay those charges.

The fact that the rental sustained what you describe as normal depreciative wear and tear is irrelevant. What your landlord did was fraudulent---"forgetting" to change something as sizable as an electric bill amounting to $3500 isn't a mistake. It is fraud. I would not only go to court to recoup that loss, I would discuss with local law enforcement the possibility of filing breech of trust or fraud charges against him.

I would get everything in writing--registered mail, informing him of your desire to be paid for the "over billing". If he refuses, talk to the police about filing a report. Wear and tear on the rental is completely irrelevant when it comes to what he has done. They are two separate issues. Don't be afraid to act on your own behalf because he will allege you damaged his property. That is no defense for fraud.

I do have all the receipts. I have downloaded all my bank statements and also receipts from the power company. How this came about is he used to own the property that we rented. He also had his workshop and a trailer on it. Then he built a large house and said he forgot to change the address to his workshop. He stated it was not his fault he did not pay this bill since he has so many other bills. When the bill came to us it had his name but our address stated "workshop". I asked him about this bill since it was in his name and he said it was a seperate bill for our little workshop. He threatened us today with repainting and the carpet. WE did not have a security deposit. Believe me I cleaned before I moved. Its normal wear and tear for the walls. No holes or nothing like that. He said there are holes from where we had the pictures hanging. My husband has severe congested heart disease and this takes a toll on him. I just want at least some of my money back since we are on a fixed income.
Pam

Just out of curiosity, did you have a written lease .. or a verbal agreement with your landlord to pay this particular bill? If not, you can try to collect your money directly from the utility company. If you have the documentation you posted above, I don't believe you were ever contractually required to pay on that account and by all rights, are due a refund. Bottom line, someone else's name is listed as the primary account holder and according to the terms of that contract, payment shouldn't have been collected from a third party. Understand this is only my opinion, but I believe your dispute at this point is with the power company, the party withholding your monies.

I'd suggest any contact be made in writing, with copies of the documentation you have. In particular, I would enclose copies of the actual bills that clearly show you are not the account holder of record. You may have to be persistent in this .. it may take follow-up telephone calls and more written requests .. but unless you entered into a specific agreement to repay this bill, I don't believe it was ever your responsibility.

If you're comfortable that the condition you state you left the property in lies within 'reasonable wear and tear' and was reasonably clean at the time you vacated, I don't believe you have any further obligations on that part. If you never entered into any sort of agreement to accept responsibility for that particular utility bill, I also believe you're entitled to a refund. If your repeated requests for a refund fail, only you can decide whether or not the amount of money involved is worth following up with the time and court costs of legal action in small claims court.

FYI .. you may also want to check your particular state's laws regarding your landlord's attempt to collect on a debt. Laws have changed recently in how a creditor (even a private party) may pursue a party and it may well be your state has also refined its statutes as well. It's something you may want to look in to .. certain laws have been passed recently to stop harrassment in the collection of a debt. In certain states, harrassment does include "threatening" phone calls, especially after you've sent written requests to cease further contact.

Again, good luck.

We had at one time a lease.Then it was month to month for the past 2 years. He wanted to sell the property so he did not want to get into any extended leases. In 5 years we never were a day late. Never. We had no contract to pay his power bill. The landlord has even admitted it was a mistake. He states since he has so many other bills he did not realize we were paying this bill even thur I asked him about this. Now he has asked for the amount to see if its "comparable" to his figures. He's figuring we need to replace his carpet, repaint the house, and redo the floor. We left that house in very good shape except like I stated before a small hole in one part of the carpet from where the couch was located. He did admit the carpet was not the best quality and it was in there before we moved in.
Once again we were never obligated in any way or shape to pay his power bill.

Then again, I'd suggest you contact the power company. Again, I'd put all requests to both the landlord and power company in writing, with copies of your documentation (not the originals) attached to both. It's your record that you attempted to settle this disagreement and collect your owed money on your own.

If you're unable to obtain a refund and your landlord ultimately refuses to pay back what you in effect paid on his bill, I see little recourse other than pursuit in small claims court.