When you say "we were told that we would pay all utilities and that if they ever rented out the top apartment that those tenants would pay their own utilities." did you get that in writing or is that a verbal promise? Either way, I would go back to your management company and get it in writing and resolved. Since the utilities are not split they either need to split them and/or put them in their name. Split would be the best solution for you as how do you split something when one unit may be using 3X's more electricity than the other. - Fri May 11, 2012