Landlord paid final utility bill...

[justfiveofus]

We filed prose and some of you know we've had issues with the landlord. Well, we moved out on the 28th of July. They paid our final water/sewer and garbage bill on the 29th. The lady at the city said that they gave our final bill amount to the landlord on the 27th (not sure how that works since there should have been a meter read but whatever). So does anyone know how that works? The landlord was included in our bankruptcy but since that bill is considered after our filing do we need to send them a check for the amount or should we wait until we get a closing statment from the landlord? Can they request we pay this?

We had no problem paying the bill, we weren't even given the opportunity to pay it as we didn't even have the final bill when it was paid.

[SMinGA]

Would probably depend on your lease and who was responsible for utilities.

[justfiveofus]

We were, hence the 2nd paragraph. However, we received our final bill after the landlord went in and paid it.

[ccsjoe]

If you were responsible for the utilities as stated in your lease and the final utility bill happened post-filing, then you are responsible. If I may ask, how much was the amount and how likely is the former landlord to take you to small claims over it?

[justfiveofus]

It was about $164.25. Honestly I think she'll try to take us to small claims over it, however I believe that she has to send us a statement of 'charges' as to where our deposit and whatnot went within 30 days. They've already requested to lift the automatic stay but our Trustee said that was really just a formailty so they could re-rent it (which they had a new renter in the day after we moved out so not sure on that). I hope that she goes away but if she doesn't I think we're going to get an attorney because, I believe they violated the automatic stay with threatening phone calls (I have voicemail to prove this), a 3 day notice to vacate as well as eviction proceedings. I've done a lot of research and it looks to everything I have found that they needed to file for relief from the automatic stay prior to serving us with all of this, not after we moved out.

The weird thing is that the charges on the utility bill say through the 31st of July, which I had requested to have them taken out of my name on July 28th and they didn't do a new meter read. As well, they gave the landlord the balance and let the landlord pay the bill before they even mailed my statement. The postmark on my final bill to them was 8/4 and the lady at the city office told me the bill was paid by the landlord on 7/29 and they gave them my final bill amount on 7/27. She also told me that my final bill was mailed on 7/27, however it was forwarded to my new address and I didn't turn in the change of address to the post office until 7/29.

[ccsjoe]

Not sure what state you are in, but in your case both civil code and BK code apply. In CA, the landlord would have been found in violation of the automatic stay by not filing a motion to lift the stay. That being said, also in CA the landlord actually has 21 days, not 30 to present you with a final account & refund (if any) of your security deposit.

I would make sure with the utility company that you are positively not on the bill anymore, and with the landlord, if he is past your state's deadline for submitting a written accounting and refund of security deposit, I would send him a demand letter indicating he is late (and referencing the appropriate civil code sections) and that he by not submitting an accounting may be liable for the entire security deposit (if your civil code provides for it).

[justfiveofus]

Yeah it's 30 here because we consulted with an attorney regarding our lease prior to moving out and he specifically said, give them your forwarding address in writing because they have 30 days to give a written account of the security deposit. They have until the end of next week then their 30 days are up. We actually provided them written forwarding address information and had them make a copy for us when it was dropped off at their office. I'll have to look into what happens if they don't meet that 30 day guideline.

BTW we're in Iowa.

[ccsjoe]

If you still have a lawyer, should be a quick question. If not, the landlord/tenant-security deposits section of Iowa's civil code should be easy to identify and spell it out very plainly.