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tammy p | If a tenant moves out and leaves an unpaid phone bill, is it the landlord responsible for paying it? |
there is a collection agency attempting to collect on an unpaid phone bill from a former tenant, am I responsible for paying it since I own the property? If I rent to another tenant, will the unpaid bill with the phone company have to be paid before the phone service can be turned on?
Additional Details
the tenant kept the phone number of the business, but had the name changed on the account. The phone number was the number I used when I had the business and then retired. I leased the property to the tenant, allowed him to keep the phone number but he had the phone put in his name. I did not cosign. |
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george 2
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the only way you would be responsible is if the phone was in your name. |
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UNITool
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As long as you didn't co-sign the account or anything like that, you are not liable for it. The phone bill follows the person, not the address. |
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Bob D
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Landlord is not responsible for the phone bill. The phone bill is the responsiblity of the old tenant and not the responsibility of the next tenant either. |
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pyro
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no, the phone company is just trying to bully anyone close by to pay the bill. the person whose name is on the bill is the only person liable for the debt. |
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blog.calljoey.com
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A phone bill follows the person or people on the account, it is not tied to the property. |
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Expert Realtor
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I had a client once that actually had to take the phone company to court to turn on telephone service in a house they had bought. Apparently, the former owner left a $2400 phone bill outstanding, and after closing, when my client went to connect the phone, the phone company refused to turn on the phone in the residence until the former owner paid the bill.....or gave my client the option to pay it.
My client sued and won...the judge ordered the phone company to connect the phone. |
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bostonianinmo
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The only way you would be responsible would be if you guaranteed the phone bill for the tenant. The phone company's only recourse is against the person who contracted for the service or signed a letter of guarantee. |
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American Woman
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It depends on whose name the phone was in. If the phone was in your name, you are responsible. |
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Alterfemego
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If the phone is in your name, or the name of your business, then yes you will have to pay for it. If the phone was in the tenant's name, then they are responsible. |
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gary l
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Unless the bill was in your name or you signed as a guarantor, co-signer, etc., then you aren't responsible for the debt, in spite of what they may say. They get paid a % of the collected money, so some collectors will say ANYTHING to get the money and they don't care who sends it in. Trying to intimidate you into paying is common.
It is not at all uncommon for a landlord to be contacted by a collection agency regarding the bad debt of a prior tenant. I get them all the time. Collection agencies often contact people who might have any current contact information for the debtor. A landlord is VERY likely to have the next address of the person, so they often are the first ones to get called for information. Agencies will also very often look up telephone numbers of the debtor's geographic neighbors (people who lived very close to the debtor's old street address of record) trying to find any information that can help them find the person.
Forget the calls. If you get collection mail for the ex-tenant (like I do ALL THE TIME), just toss it. If the collection agency keeps hounding you, then give them a dummy address to send them somewhere else. But the bottom line is: Don't worry about it.
One more thing: Don't be surprised if this collection attempt "changes hands" over a period of years (yes...this can drag out for years). The outstanding debt is often sold and resold to other collection agencies and the process starts all over again! |
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Cheryl G
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First, contact the three major credit reporting agencies and place a "fraud alert" on your account. This prevents anyone from accessing information regarding an unpaid debt without your knowledge. Be aware that this must be updated every 90 days, or so, to keep it active.
Secondly, send notice to the phone company IN WRITING and explain everything you've said here in chronological order. State clearly and succinctly that you are not responsible for the phone bill.
Third, call your local consumer advisory board. Most areas have one. Follow the instructions fully and send them a copy of everything you have regarding the dispute. Don't cave in. You obviously do not owe this charge.
Keep copies of every piece of data regarding the phone bill and write down your recollections, too. Then, you'll have it if things go further and you wind up being sued in a court of law.
Don't ignore anything that comes to you regarding the collection of the debt, especially if you are notified of a court proceeding. You may even want to secure the services of an attorney.
In the meantime, a new tenant should not have trouble getting a phone line installed, as long as it's a new number and not under your name. An address is considered a non-entity in this case. |
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Paul Ding
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You didn't contract with the phone company for service. You are only responsible for your own debts, and those of your spouse and minor children.
But if you rent to another tenant, the phone company may drag their feet rather than let that tenant have phone service.
That's one reason landlords require deposits. |
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origamimark
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The phone was probably in the name of the previous tenant, and it is their responsibility to pay it. The phone company just want their money and so will try and bully anyone nearby to pay. For example, they may refuse to reconnect for you until the bill is paid. Depending on the amount owed, it might be easiest just to pay it and write it off to experience, or pursue the previous tenant through the small claims court. It still may not get your money back, but a ruling against him will slow the previous tennat down a bit, credit-wise. |
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Patrick G
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This is not your problem. This is the last person on the bills problem. |
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Classy Granny
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No and no. You are not responsible for any bills your tenant had. When your new tenant moves in they get service in their own name. The name not the address is what they go by |
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harleycharley
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as per Pyro's answer, but even this depends on the tenancy agreement. Did you include the phone in it, or was this a seperate arrangement ? |
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Flyby
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If you were no longer on the bill, then I don't see how you or anyone else could be held responsible. From your post, I assume that you sold a business along with the business line. As long as he had it put in his name you should not be responsible. If you rent to another tenant he should also not be required to pay the bill before he can get a phone. The catch may be that if he wants to keep the same number. Most phone companies will not issue the same number for about 6 months or so. I would certainly not pay a telephone bill for which I did not agree to be responsible. It doesn't matter who owns the property, only who is responsble for paying the bill. |
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newmexicorealestateforms
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You are not responsible based on what you said. Ownership of the property has nothing to do with obligations for personal bills of your renters unless you place such obligation on the lease whereas you state that you will be responsible and the renter will reimburse you. Such as gas, water, electric, phone, insurance, etc. If after telling the phone company to send you written proof of why they feel that it is your obligation to pay and they refuse or what they send you is clearly not your bill and they continue to harrass you, I would turn them in to the AG's consumer protection division of your state. Your ability to rent the property to another is not affected. The ability of the renter to get phone service is an issue between the phone company and the renter and not having anything to do with this issue. |
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Jessica Treadwell
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We let our cousin use "Our" Camper (that the title of course we have) and he didn't pay where he stayed in the trailer park. We went to pick it up and cut all ties with him but the Landlord would not let us take "Our" Camper until the bill was payed so of course we payed it. Needless to say we were Upset, but didn't get upset with the Landlord b/c it wasn't his fault. What can I do with the Cops involved or even a Lawyer to write a Letter for leaving us with an unpaid balance? |
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