Legal Question in Landlord & Tenant Law in Pennsylvania
Utility Dispute
I moved out of an apartment on Oct 31, 2005 (gave the required 30 days notice). A new tenant moved in on Nov 1. I never canceled the gas (utility). On Nov 1, the new tenant tried to open a new account/transfer for the apartment (according to the gas company). Because she needed a security deposit she did not follow up on obtaining services. I received a bill from the gas company for the service period of Oct 27th through November 30th, 2005. Prior to the current bill (10/27 until 11/30) there was no balance on my account (paid up to date). Also the previous bill was based off of an actual reading. Upon this bill (period of 10/27 - 11/30) I called the gas company and transferred the account into the landlord's name. However, I still have a huge bill for a time period that I was not living in the apartment. How should I approach this situation? It was my fault that I never canceled services. However, the new tenant never transfered services into her name. The landlord refuses to assist in resolving this situation. What should I do?
1 Answer from Attorneys
Re: Utility Dispute
Well first unless you can work something out with the gas company, you'll have to pay the bill as you didn't properly tell the gas company to terminate your contract. Otherwise they have every right to come after you.
Next you need to contact the current tenant and ask that they reimburse you for the bill. A short letter with a copy of the bill should be adequate. I would give them a couple of days to contact you. If they pay up great end of story.
If they don't want to pay or give you a hard time its time to visit the District Justice and sue them. This will cost you more money but when you get a judgment its added to the amount they have to pay you.
Your grounds for suing? Unjust enrichment. They used gas that you paid for. So they owe you.
Note: A judgment isn't money its a hunting license. If he can't or won't pay you'll have to see if you can attach either their wages and/or their possesions. Generally, that gets their attention if not you'll need a Writ of Execution to have their stuff sold so you will be paid.
If you have any questions feel free to contact me.
{John}
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