A friend called and asked me the following. I don't know the answer.
She has been living in a home for one and one half years. She has a two year lease. The lease contract says the landlord pays the water bill. She said the landlord called her and told her that she had to start paying the water bill or get out. Isn't the landlord breaking the contract? If he is, does he owe her the remaining amount of money she have had to pay him for the lease? The landlord told her if she doesn't get the water in her name before July first, she has to move and then he said SHE would be breaking the contract and SHE would owe him the remaining $4000.00 that she would have paid in rent. This is in North Carolina. Anyone out there know? I don't have a clue.
2006-06-10 06:50:41 · 9 answers · asked by historybug 4 in Business & Finance ➔ Renting & Real Estate
UPDATE: She called me back and said the landlord backed down and will continue to pay the bill until the lease is up. Just for added info: She never ran up the water bill. She lives alone and like me, travels for a living. She is never home. The landlord is just a jerk. Thanks for all the answers.
2006-06-16 03:36:27 · update #1
The lease is a contract. If the lease specifically state that the landlord will pay the cost of utilities (or even if it just says he'll pay for the water), then the contract is in force for the entire lease period.
The date that the lease was signed is the start date, and it is in force for the period stated in the lease (two years, in this case.)
Under North Carolina law, the landlord may be brought to small claims court for breach of a lease contract if he does change the terms. Also, under North Carolina law, he has to get a court order to even start eviction proceedings, and then has to give the tenant 90 days notice before the tenant has to move.
So your friend has a MINIMUM of three month's to stay even if he started eviction proceedings today. Sounds like he's just trying to save money or get the place empty so he can re-rent it to a higher-paying tenant.
Stay where you are, don't sign anything, and call Legal Aid if he gets pushy. Your friend is in the right here.
2006-06-10 06:58:37 · answer #1 · answered by Stuart 7 · 1⤊ 0⤋
The landlord cannot force her to pay the water bill or leave before the lease is up. The landlord is probably just upset because the tenants are running up the cost with the water bills.
The only recourse the landlord has is to sue for the excess water usuage. Which means, he has to prove to a judge that the tennants are responsible for the excess water usuage and should pay for this excess. Some examples would be that the tenants have lied on the application as to the number of persons living there or that they purposly left the water on to drive up expenses on a daily basis. It's going to be hard for the landlord to win his case.
As a landlord, I had this happen to me. One of my tennants water bill (which I paid) was always higher than a normal after a period of time. It was as if they either had more than the number of people living in the house than indicated on the lease or that they were constantly taking showers. It turned out to be a plumbing issue with the sprinklers.
I suggest that your friend and the landlord try to see why the water bill is so high and to work it out. It might not even your friend's fault (as it was in my case). However, if your friend likes to take 10 showers a day, maybe he/she can pay for any excess allocated water charges.
Good luck.
2006-06-10 11:57:37 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Well first off if your friend and the landlord signed this agreement she is not responsible for anything he wants add prior to the lease being up, as long as she is within the limits of the contract she is not responsible for any bills, maybe she should take him to a small claims court to get her money back as she wasnt responsible for paying it no matter what the landlord says
2006-06-10 09:48:34 · answer #3 · answered by Jada Watson 2 · 0⤊ 0⤋
i dont know about who would owe who the rest of the lease (in a court of law, i dont think anybody would owe anything. the judge would find the landord to be goofy, off his rocker, and the judge would just order the tenant, or your friend out.) but if she fought it, and went to court with the landlord, he wouldent win. a lease is a lease. you cant break it unless both the landlord and the tenant agree to change the lease.
2006-06-10 06:57:23 · answer #4 · answered by ASLotaku 5 · 0⤊ 0⤋
As far as I know he can't do that. And she has every right to stay in the house without paying for the water. I would tell her to call an attorney usually they will give a free consultation. The laws in all states i'm sure are different so an attorney is her best bet. Tell your friend good luck and I feel for her, I have had my share of slumlords myself and it is really frustrating not knowing what your rights as a renter are. As for asdf's answer, I do.
2006-06-10 07:07:44 · answer #5 · answered by dazedandconfused 2 · 0⤊ 0⤋
He's full of crap. A contract is a contract. Tell her to continue paying what she is suppose to pay. If he cuts off the water he is is big trouble then. It is illegal to shut off utilities to a rental especially if the landlord is responsible. IF he forces her out she can sue him for her expenses.
2006-06-10 06:56:05 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Get your freind to call Lawyer Referral in her State. Check the Yellow Pages under Law or Lawyers. The advice is usually free.
Or go here
http://www.ncbar.org/public/lrs/index.aspx
2006-06-10 06:55:51 · answer #7 · answered by MoFoDuDe 3 · 0⤊ 0⤋
READ B4 YOU SIGN
2006-06-10 06:59:31 · answer #8 · answered by A man of constant sorrow 1 · 0⤊ 0⤋
who cares?
2006-06-10 06:54:58 · answer #9 · answered by asdf 1 · 0⤊ 0⤋