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Sublet early move out with rental agreement (utilities)

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  • Sublet early move out with rental agreement (utilities)

    I was subletting my spare room to a couple. They moved out before the 30 days notice that they gave me. They were filthy and I had to have mold removed from the carpet in their room.
    In the rental agreement that they signed, it says that they are each responsible for 1/3 of the utilities. Since they moved out early, and my new tenant/roommate is not moving in until the day AFTER their official move-out date, can I deduct the cost of their portion of the utilities even though they moved out early?
    (I live in San Diego, California.)

  • #2
    Re: Sublet early move out with rental agreement (utilities)

    I wish to inform you that you can claim utilities which have been used by sub tenants which may thus include utilities till the date tenants have left. Further you can claim compensation for breach of contract because of early termination of agreement. You can send a demand notice and if they refuse then a lawsuit can be filed.

    AFF

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    • #3
      Re: Sublet early move out with rental agreement (utilities)

      So, if the subtenants leave before the 30 days are up, they are not responsible for the utilities from the day they return the key to me even though the rental agreement says that they are?
      They paid the rent. I am only concerned about the utilities because they are expensive. I am staying here alone until the new tenant moves in.

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      • #4
        Re: Sublet early move out with rental agreement (utilities)

        Originally posted by pacificluv View Post
        I was subletting my spare room to a couple. They moved out before the 30 days notice that they gave me. They were filthy and I had to have mold removed from the carpet in their room.
        In the rental agreement that they signed, it says that they are each responsible for 1/3 of the utilities. Since they moved out early, and my new tenant/roommate is not moving in until the day AFTER their official move-out date, can I deduct the cost of their portion of the utilities even though they moved out early?
        (I live in San Diego, California.)
        Originally posted by Unregistered View Post
        So, if the subtenants leave before the 30 days are up, they are not responsible for the utilities from the day they return the key to me even though the rental agreement says that they are?
        They paid the rent. I am only concerned about the utilities because they are expensive. I am staying here alone until the new tenant moves in.
        Are the utilities a flat rate cost every month, or do they vary according to usage?

        If you charge a flat rate for utilities, then yes, you can charge them for utilities (since the amount they used wouldn't affect the total they would normally pay).

        However, utilities are charged based on usage, then NO, you can't charge them for the full month's utilities. I get that the utilities every month may be expensive, but without a tenant in there, it's only YOU using them. Why should they be charged for utilities they didn't use?
        "If it ain't in writing, it never happened."
        "A lack of planning on your part does not constitute an emergency on my part."
        "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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        • #5
          Re: Sublet early move out with rental agreement (utilities)

          Thank you.

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