Multi-Unit Apt. Complexes..Who's responsible?

Question

Problem: A tennant discovers the gas utility meter has been assigned to the wrong unit and advises the Landlord/ Mgmt.Co.Nothing was done to correct this error by the landlord, and tennant contacted Gas Utility herself, explaining the problem.
Gas Utility comfirms unit 'A' was incorrectly being charged to Unit 'B'. The error was made during const.of site. 'A', who uses little gas each month, bill was going to "B" and "B" going to 'A'/// 'B', kept the windows open and the gas heater on all winter, using more gas each month. At 6 years before being noticed by the tenant, (72 months), this could add up to be a substantial amount of money, for a retired, fixed income person by refund to A, & bill to B.
Since the Mgmt. Co/Landlord, did not respond to written requests by the tennant, except "buy an elec. htr" Who is at fault/liable? Mgmt Co., for not following the policy of 'contact them for any help', and doing nothing?
or the Gas Co. who came asap&fixed it ? My Mom&I thankyou

Answer 1

the management company is not at fault as they did not build the place( although they could have been more helpful) the gas was put in by a plumber who plumbed it in wrong, the builder is responsible for marking the manifold but ultimately the gas company should have tested the system and insured that the meter was marked properly for each apartment.... you can fight with the gas company how ever the will pay only a maximum of 36 mos.... good luck

Answer 2

You should talk to a lawyer because in order to establish your damages (having paid someone else's utility bill and you having paid theirs) the other tenant's bills would have to be subpoenaed and the utility company cannot simply hand someone else's information over to you or to your landlord (the mgmt co). It is also impossible to say that the other tenant used more in utilities than you did because you don't know how much they paid.

This seems to be the fault of the utility company. The management company has no way to determine whether the meters are hooked up correctly and your contract for service is with the utility company, not the management company.

Try and get in touch with the utility company by writing them a letter and see what they say. Maybe you'll be able to solve this without going through a lawyer. The utility companies have a fund set aside to compensate people who have suffered damages through their fault. When that doesn't work to your satisfaction, then take your paperwork to a lawyer.

Answer 3

I'm with you. The tenants may well move if the place is a mess. If it's a kitchen and greasy, then part of the prep for painting is washing the walls. A smart landlord does his own painting because tenants can really screw a place up when they paint. He would have to paint it for new tenants so why not take care of the old ones. I sure paint mine if they want it and I also go in and touch up paint if they mess it up. I want my tenants to stay and enjoy living at my place. And I should add, if the walls are dirty because of finger prints and the like, they need to wash the walls. There are easy ways to clean walls and lots of products that make it pretty simple. And I suggest Walmart Color Place paint. I use the semigloss and have started using it on the ceiling too. The tenants like the extra shine and it makes the apartments brighter. They have premixed colors so that you can use the same color over and over for touch ups and often you can just lightly roll the walls at the bottom and never even get close to the top and they look like the whole place was just freshly painted. And the paint is cheap and has a really good rating. I started using it years ago when Consumer Report put it right up there with the expensive stuff. I've even painted cabinets with it and it sticks and looks good and washes. And my apartments are not cheap. Tell the owner to get off of it and paint.

Answer 4

I think you need to deal directly with the utility company on this one. Your bill(s) should be adjusted, but there is probably a time limit on how far back they will go to correct errors.

Six years is a long time to have let this go on for. Why didn't you call the gas co. to come out and check the meter(s) sooner?

I truly don't see how any of this is the fault of the landlord.

Answer 5

It seems to me that the gas company is responsible. They are the one that installed the lines incorrectly - it really has nothing to do with the landlord, management company or building owner. They really can't even do anything for you - they are not a party to the tenant's contract with the gas company to provide gas.

I'd contact a supervisor at the gas company. They should refund the overpayments. Getting the extra money from tenant "B" is their problem, too.

If you get nowhere with them contact a consumer advocate in your area - many TV stations have them. This is just the type of story they'd love!

Good luck!

Answer 6

Sounds like the gas company is legally responsible for the original mistake.