Legal Question in Credit and Debt Law in California

Re: Do I have to pay this electric bill?

Thank you for your inquiry.

As the other answers have suggested, the key here is whether or not there was a "contract" formed. If you had a written lease, and the lease provided that the tenant was responsible for all utilities, then you may have to pay eventually. The same situation exists if you knew that the landlord was paying electrical bills and expected reimbursement. All or any one of you are responsible if you are found liable.

Your defense, on the other hand, is that the landlord's delay and failure to act makes this non-payable. If the contract provides that the landlord will provide and pay for all utilities as part of his services, then you do not have to pay. The legal doctrines of laches (the landlord waited too long), statute of limitations (the landlord didn't bring suit within the time provided by law), and waiver (the landlord waived his right to collect by his actions) apply here.

I hope this helps, but if you have any other questions, want representation, or wish to provide more details, I'm happy to help. Please feel free to email me directly at [email protected]. Best of luck.

Re: Do I have to pay this electric bill?

The facts of your case could be a law school exam question.

The landlord has a case, but it may not be a very strong one. He can either base his case on contract or some common law equity claim.

If his case is based on contract and he can show that the lease required you to repay him for any utility bills that he incurred on your behalf, you're on the hook. The statute of limitations for a written contract in CA is four years.

He can also assert that the contract was implied-in-fact. If you were aware that he was paying the bill and that you were ultimately responsible for it, it can be said that the facts imply a contract between you and the landlord whereby he'd advance the money and you'd repay him.

I think the statute of limitations on a non-written contract in CA is three years.

The landlord can also assert equitable claims of unjust enrichment or quantum meruit. Both are basically based on the fact that you rec'd electricity and he paid for it. Fairness would dictate that you should repay him.

In any event, you'll be able to assert the equitable defense of laches. Laches is a doctrine that prevents recovery by a person who sat on his hands for too long.

If he's been paying this bill for two or three years and is just now asking for money, the court might go for your laches defense.

Best of luck,

Ben

Re: Do I have to pay this electric bill?

If your lease provides for you to pay the power bills, your landlord probably has an equitable claim against you.

Even if it does not, however, you have been unjustly unriched and should repay him.