Sign up for your FREE personalized newsletter featuring insights, trends, and news for America's Active Baby Boomers

Newsletter
New

Can I Take My Roommates To Small Claims Court Over Unpaid Utilitieses?

Card image cap

Question, Can I take my roommates to small claims court? This is in Utah for background.

I have been living with my roommates for almost two years; in that time, I started off charging them for utilities, which are in my name. The contract signed at moving in states that tenants will split the utilities three ways among us. There is no clause about when, nothing about timely manner, just stating that utilities will be split among renters.

I honestly stopped asking for utilities probably last February 2023 because my mental health was really bad, and compounding the not-so-good living situation, I convinced myself I could cover all the utilities, and that would make my roommates maybe like me or talk to me. I never said anything about this out loud. Fast forward to April of this year, and I am mentally in a better space and have decided to charge for utilities. I charged them for March, February, and January of this year but intend to back-charge them at least until last April if I can. To my knowledge, they legally owe that money. There is no clause about how far back one can charge unpaid utilities in the contract, nor is there any information laying out how utilities will be charged, when, etc. When I sent them a text asking for utilities in April, they both responded, saying they were willing to pay and had been willing to pay. They just didn't know the amount. But they never showed this willingness by ever asking or even texting about utilities in the past over a year. I have only asked for back utilities for Fen and Jan of 2024 but intended to ask them to pay at least a back amount of utilities to April or so of 2023.

My roommate's contracts are up, and they are moving out by the end of May. One of my roommates paid for March and asked that after the cleaning fees and such that the remaining $400 of her security deposit be attributed to Feb and Jan utilities plus April (she isn't even counting this month, which she will still owe). I have pulled the statements for utilities (internet, gas, and city (which covers trash, sewage, electric) and since last April, each of my roommates have an outstanding balance of a little over $1000 in unpaid utilities which the $400 will not cover. I was hoping they would at least be willing to cover some of the utilities they used, did not pay, and did not bother asking. I assume my other roommate will say the same. While it is in the contract that any unpaid utilities will be deducted from the security deposit, it is not enough for either of them to owe what they haven't paid in utilities. Do I have a case to take them to small claims court to get the remaining money of unpaid utilities? Is my case strong enough to win? Can I back-charge them that much for utilities legally since there is nothing in the contract about when payment is due for utilities, that it will be paid in a time ly manner, etc?

I know it isn't the best situation and I wish I wasn't in it but I feel like legally I am owed that money and while I can cover that money ok, I would really like to be repaid because $2000 total is a lot of money.

submitted by /u/Tight-Sympathy3689
[link] [comments]