Breaking the lease and utilities

Your lease agreement will govern who pays the utilities and what happens when a tenant defaults. Generally though, the tenant's duty to pay utilities ends when the tenant vacate the property. If the tenant already took the utilities out of his/her name, it is your duty to reactivate them in your name if say you want electricity to show the house etc. You should also decide if you want to go after the tenant for breaking the lease. If your lease has what is called a "liquidated damages" clause, usually an addendum, that the tenant is only liable for 2 months of rent. If there is no such clause, then the tenant may be liable for rent all the way to the end of the lease; of course subject to the ate that you re-rent the property the former tenant's liability for rent ends. Please consult an attorney to review your lease and documents. If you require assistance with this matter, please feel free to contact us.

Your lease agreement controls. Have that document reviewed by an attorney to determine the breaching tenants responsibilities.

If the lease provides for it, the tenant is responsible for the payment of all utility services that were provided while the tenant was in possession. Once the tenant moved out however, they are most likely not responsible for payment of the utilities. If you sue your former tenant for damages due to the breach of the lease agreement you may be able to recover the lost rental income as well as any consequential damages which could include the utility costs incurred during that gap in time between tenants. Make sure to document all such costs. I would suggest you consult with a local attorney if you intend to pursue the claim.