Forgot to transfer utilities on moveout; am I liable?

Question

BPers, several years ago my lease ended and I moved out of my apartment in North Carolina. However, when I left I forgot to transfer the utilities back to the landlord. The next tenant moved in, never transferred the utility account to him/herself, and never paid the utility bills. The bills accumulated unpaid and I did not know about this until I checked my credit score last week. Duke Energy sold the unpaid amount to a collections agency, which is after me to pay those bills and wreaking havoc on my credit.

Am I liable to pay for unpaid utility bills in the property if I was not under lease at the time? It doesn't seem to make sense that I would be, but can't find any legal precedent to support me.

Thank you for the help. I hope that I posted this in the correct forum.

Joseph

Am I liable to pay for unpaid utility bills in the property if I was not under lease at the time?  It doesn't seem to make sense that I would be, but can't find any legal precedent to support me.

Thank you for the help.  I hope that I posted this in the correct forum.

Joseph

Adam Schneider · Answer

@Joseph La Monte -- your utilities agreement is between you and the utilities company. They supplied utilities to the location, and had no reason not to...so they need to get paid. If it were more money, I'd spend more energy on this, trying to get the current tenants to pony up as they morally should have. I'd be curious to know if their lease states that they are responsible for utilities....that could help you quite a bit!  I'm curious how this one ends up....but for $700, I wouldn't be spending every waking minute on this.

Steve Babiak · Answer

The problem with @Nicole A.'s reasonable suggestion is that many intervening tenants could have occupied the rental unit since you left. How is the utility company supposed to know who those people might be, and for which billing periods are they responsible, so that the utility company can get paid? Sure, ask the landlord, but that places the burden of proof upon whom?

Joseph La Monte · Answer

Thank you for the suggestions!  I will do my best to fight it because this was years ago and they never informed me.  The bill is currently at ~$700.  My gut tells me that I don't have a legal obligation to shift utilities or else face indefinite liability when I move out of a rental at lease end.  TBD.

Nicole A. · Answer

@Joseph La Monte I think you could possibly remedy this situation. Do you have some sort of proof of your move-out date? Perhaps a move-out check sheet, a returned security deposit, or a letter confirming your move-out date? Try to dig up some documents that could prove helpful before you just cave and pay (but I'm always the type to try and improve my situation rather than just give in). If you still have contact with the landlord--and if they're helpful--see if they could provide some sort of documentation if you don't have any.

If I were you, I would at least attempt to resolve this situation rather than just pay the problem away.