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Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 29037
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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According to the lease agreement the tenant is responsible

Customer Question

According to the lease agreement the tenant is responsible for all utilities. The tenant failed to put the water in his name and ran the water excessively and saturated the back yard to the extent of pooling water. Am I allowed to withhold the cost of the water bill from the security deposit as it will most likely be hundreds of dollars.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Loren replied 1 year ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

The security deposit may only be used for excessive damages and unpaid rent. If the yard was damaged by the water you can charge for that, but not for unpaid utilities.

You will need to sue them in small claims court for the water bill. Small claims court is designed to be user friendly so that you can present a claim without an attorney. Also, it moves much more quickly than regular court.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

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