Legal Opinion Sought?

Question

On Friday I received a letter from my landlord notifying me that I would have to begin paying for electricity starting 9/18. Previously, all utilities were included as part of my rent. This is a non-trivial expense, as the outer walls of my apartment are non-heat resistant glass and I live in the desert. It takes a lot of power to cool my apartment when the sun is coming through the glass in summer, and conversely it takes a lot of power to warm my apartment in winter with uninsulated glass walls.

My current rent is higher than market value, but much of that extra cost was offset by the fact that utilities were included in my rent. This point was discussed when I originally signed my lease, and the fact that utilities are included in the rent was used as a selling point by the building manager when I was shown my apartment. In my view, under the new policy I will have to pay for electricity twice: once via my above market value rent, and once again directly to the power company. Since I was not informed of this change in policy when I resigned my lease, and since it was explained that part of my monthly rental payments covered utility expenses, I feel my rent should be lowered commensurate with the amount I have to spend on electricity each month for the remainder of my current lease.

I have checked my rental agreement, and I’m not sure exactly what to make of the relevant clause because it makes no mention of electricity, and I’m not sure what to make of the “similar residents” line. It states:

“The utilities customarily provided by the landlord are sewage, water, maintenance and waste removal. In case of error or modification, the renter shall provide and pay for the same utilities that similar residents are required to pay for.”

So do the residents of my building and I have a legal argument here?

Thanks for reading.

Answer 1

Unfortunately, it says it all under, "in case of error or modification".

The word "modification" means that the Association (sounds like that is what you are involved in), can choose to delete or add any utilities or other services it provides whenever they want.

Since there is no mention of electric being provided, you got yourself into a situation where you are responsible for the electric.

Unless you read this part of the contract before signing, and had asked questions, then asked the landlord or leasing agent to ADD and INITIAL the words, "electric included", I'm sorry, but you are stuck with the bill. They dont owe you a thing.

Your neighbors as well as yourself may want to contact an attorney, but this seems pretty cut and dried to me.

Answer 2

If the lease was signed with the clear provision that electric was included in the rent. The LL cannot unilaterally change the terms. Where the lease is unclear what utilities are included, a court can refer back to the prior practice of the parties -- or to the prior lease -- to determine their intent. Without reading the entire lease or knowing the details of your prior practice, no one can give you a definitive answer. And it woul be unethical for an attorney to give legal advice on this forum in any case. Since there appears to be considerable $$ involved, you should consult a local attorney.

Answer 3

Rental agreements are governed by state law and it is very difficult for any attorney such as myself to interpret a document that we've never ready. There may be other portions of the document that apply. Furthermore, much depends on whether you are still in the original lease term or if you are on a month to month lease.

You should get a group of fellow tenants together and see a local attorney. The answers you will receive in this forum will be speculation for the most part.

Answer 4

I'm not sure what state you are in but there is likely a tenants or housing rights organinzation in your area that can give you state specific information. They may even have form letters for you and the other tenants to send to your landlord or information on how to take action otherwise. You need to check the law of the state you are in and get advice from a legal professional that is barred in that state.

As a general matter you do have a legal argument. You agreed to certain terms and those terms were changed. That would be a breach of your lease agreement but the issue is more a question what you can prove and what you are allowed to prove, as opposed to whether you have a legal argument. Whether you have a strong legal argument is likely dependant on whether your lease states that its is inclusive of all prior agreements and overrides them - or something to that effect. In reality it probably doesn't matter unless you are prepared to go to court over the issue. You certainly have a strong enough argument for negotiation.

As a more practicle matter, if there are other tenants affected you may consider petitioning the landlord and letting him know that you believe he is in breach of your agreements. As a group you will likely have more persuasive power.

Answer 5

Ask your L/L what the average electric rate has been for the past year. Then tell him that you will reduce your rent payment by the average and that you will pay the difference on the high months. At least this way you may minimize his changing of the lease.

Answer 6

No he got you on that last clause in the lease what a bummer.That is just my opinions,you could seek professional help,which I do not think you will find here,In IL we have a service called Prairie State Legal the #is in the book in Peoria IL they are a free legal service you might call them and they could point you to a similar service where you are located

Answer 7

I would check the renters rights in your state. That's the only place you will find the correct answer. You can find most of the information online under your state government and renters rights. Good Luck