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MDLawyer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 6135
Experience:  10 years in legal practice. Over 5 years in advising clients on landlord/tenant issues, including on a pro bono basis.
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I am renting an apartment 3 years now - I was under a one

Customer Question

I am renting an apartment for over 3 years now - I was under a one year lease that then transitioned to a month-to-month lease. On my lease it lists gas and water as utilities I am to pay, but doesn't say anything about how they are to be billed to me. They are billed through the HOA to my landlord monthly, and when I moved in she said she would tell me the amount to include with my rent. Well aside from one month in the very beginning, she has never billed me in over three years and is now demanding a lump sum payment of over $700. Do I have any recourse to this? It feels unfair that she left it go for so long and now wants all the back money and I do not feel that I should have to pay the full amount.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  MDLawyer replied 1 year ago.

Hello and thank you for using the Just Answer website. I look forward to being able to assist you this evening.

First, in what state is this? Second, after the first month, did you inquire as to why you weren't receiving a bill?

Customer: replied 1 year ago.
I'm in Colorado. I did ask a few times and she would just say she hadn't gotten around to it, she was going through some medical procedures. But eventually I just stopped asking (years ago) and she didn't bring it up until last month.
Expert:  MDLawyer replied 1 year ago.

Thank you for the additional information. Unfortunately, if the lease stated that you were responsible for paying those utilities, then you are still considered responsible even though she failed to provide you with a bill or invoices. Additionally, since the statute of limitations is 6 years in Colorado, the debt is still valid. You should of course ask her to provide you with the invoices and bills. She can't just make up an arbitrary number. If she can't come up with the bills, then she can't collect on them.

Please let me know if this has answered your question. If it has, please be so kind as to leave a positive rating so that I may receive credit for the time spent assisting since that is the only way we get credited for our time. If, however, you need additional information from me, please reply back to me so that we may continue our conversation.

Thank you in advance for allowing me to assist you this evening.

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