One of the conditions of breaking my lease early is that I keep heat in the apartment. Is that legal?

Question

The landlord stated in his response letter to me that if I do not that I am responsible if the pipes freeze. The sources of heat in the apartment are old wall heaters in each room -- except bathroom -- and a small stove fireplace in the living room. I don't use the wall heaters but rather two radiator heaters and the fireplace.

I figured because I am not occupying the apartment that he would sign up for power after I had turned it off but am unsure of what the law would say about that. In case it matters, I live in TN.

Answer 1

Unless you are no longer living there, I believe that you, as tenant, have a responsibility to maintain the property as you found it except for normal "wear and tear".

Turning off the heat, in freezing weather, when you leave the apartment, where the potential of the pipes freezing is evident, can subject you to payment for any damages resulting from the water damage if the pipes freeze and burst.

However, if you have vacated the property and did not keep the heat on, I believe that you have no responsibility if the pipes freeze. The landlord could/ should have inspected the premises at or around the time you left to see whether or not there was any significant damage beyond "normal wear and tear". S/he had the opportunity to turn on the heat (using his/her account) if s/he had a concern about freezing pipes.

I have the feeling that s/he wants an excuse to keep your security deposit. I would recommend that you inform the landlord to remit your deposit within the week or you will seek legal counsel. Contact the local bar association for references (real estate attorney or civil litigator), or you can take the landlord to Small Claims Court (call your county courthouse and ask for the Clerk's Office) they should be able to give you assistance.

Answer 2

Yes, as it prevents the pipes within the apartment from bursting due to cold temperatures. However, you need to transfer the service to the owners of the apartment complex, as you will continue to pay the bills otherwise. I hope this helps. Good luck.

Answer 3

I wouldn't. They could end up sticking you with a huge bill and by having the utility of any kind in your name they can say you were still occupying the apartment. Turn it off.

Answer 4

If you have broken your lease and departed, the burden of maintaining utilities becomes his or when the pipes freeze it is his obligation to pay for.

If you still live there, then yes, you must maintain utilities or be in violation of your lease.

Answer 5

If you signed the lease, abide by the terms. Once you are out of the lease, turn off the utilities in your name.

Answer 6

that is some bs...but yes he can make u pay or stay in the appartment...depends on the contract that u sign at the begining of the lease...u need to get a copy and read it all!

Answer 7

you need to do research in your state but in fl, as long as you signed a lease, you are responsible, even if you sublet the apt...now if he gets a new tenant, I see no way for that to be enforced. find the landlord/tenant rules in your state.

Answer 8

expensive Slick slump, touch your community housing authority. they could inform you related to the specifics on your area or tension the owner to restoration it. attempt telling the owner you ought to call the housing authority related to the subject as long as you do no longer think of that gets you evicted.

Answer 9

if your terminating it early he can set the rules and you can either accept them or eat fluff..