questions & answers

Question: We are on a month to month lease with 60 notice to vacate. We are actually vacating after 30 days, leaving the house empty (but open to potential new tenants) for the remainder of the terms. Who is responsible for the utilities during that time? I don't want someone to leave a light on and be charged for it after we have turned the property back over the the management company.

Answer: The rental agreement between the landlord and the tenant usually determines what the rights and responsibilities of the landlord and the tenant are. If the rental agreement specifies that the tenant must pay the utilities and also requires a 60-day notice to vacate, then a tenant who vacates before 60 days could, in theory, be required by the landlord to continue to pay the utilities until either the 60 days have passed or a new tenant has moved in, whichever happens sooner. However, any tenant who is concerned about the possible negative impact of the tenant’s decision to terminate a rental agreement without first providing the landlord with the agreed-upon notice may wish to try to negotiate an arrangement with the landlord in writing whereby the landlord releases the tenant from future obligation after the tenant moves out (for example, in exchange for a small one-time payment from the tenant to the landlord).