Legal Question in Real Estate Law in Oregon
I moved out of my home (a friend took me in) because I can't afford the mortgage on Unemployment Insurance, have it listed for a short sale and now have an offer. I have been paying the electric for lights and gas heat bills while it was being shown. Now I discover my Unemployment Insurance will not get extended; I am within a couple weeks of losing benefits. I cannot keep paying for the utilities and still have money for food. Who will take over the utility bills? Is it my concern? Should I tell someone when I turn them off. Who? I know no one wants the responsibility and all were happy I shouldered it until now. :)
2 Answers from Attorneys
Yes, you should be concerned because the utilities are not tied to the house, they are tied to you, so you are responsible for them.
You need to talk to your real estate agent and let them know that you are going to have the utilities turned off because you can no longer afford them. (The agent might even be willing to help pay for them to keep them on until all the inspections are completed). If you turn the utilities off, you will need to be sure that the house is winterized so the pipes don't freeze and cause damage.
If you don't pay the utilities and they are turned off, the utility companies are still going to go after you to recover the unpaid amount.
Even if the house is winterized, without heat the water pipes are going to freeze if the outdoor temperature goes below 32 degrees for more than a couple of days. If a pipe bursts, it could easily flood the house and cause the termination of your prospective short sale. You must keep the heat on. Even if it is a gas or oil furnace, you must keep the electricity on in order to have the thermostat work to turn the furnace on and off, as needed to maintain a non-freezing temperature.
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