Suddenly this winter the kerosene guys delivered and filled our tank without us calling. At first we thought it was an accident becuase they left no bill. It happened a few more times and we then tried to figure out who was filling it. Our landlord tends to be absentee about anything and we general send off a rent check and pay everything else. Well all of the sudden he's sent us a bill for this kerosene to the tune of $1800. We were NEVER asked if we wanted him to do this and we NEVER agreed to any of this. We are tenants at will and have no lease or agreement stating that he can do this, in fact we've lived here for 8 years and he's never done this before. Also I'd like to add in that there was never a slip left and we're unsure of which kerosene company delivered as it was delivered when we weren't home. We live in the state of maine and i'm looking for a statute or law stating we DO NOT have to pay him. Any help? Thank a bunch!
2007-04-06 04:50:44 · 9 answers · asked by Erin W 1 in Business & Finance ➔ Renting & Real Estate
did you use the kerosene? did you have a warm house because of that. then you have used the good so you need to pay it. the landlord should have told you when the tank was being filled but i would ask to see the invoices. he would have to provide them and then you can go from there.
2007-04-06 04:55:23 · answer #1 · answered by gsschulte 6 · 2⤊ 0⤋
Well, you obviously used the kerosene so you really should have attempted to clear this up earlier. Let your landlord know you aren't happy with the way this was managed and ask for his receipts or the name of the company who provided the kerosene so you can verify the amount. If he won't provide it, then I think you have plenty of justification for not paying and finding a new place. Since you didn't sign anything agreeing to pay for the kerosene, the worst that can happen is he can try to take you to small claims court and prove his case. This will, of course, burn a bridge and you won't have a reference if you decide to rent somewhere else. If the bills do add up, pay your landlord and let him know how you want billing handled in the future or find a new place.
2007-04-06 05:03:39 · answer #2 · answered by Meems 6 · 0⤊ 0⤋
As long as you didn't use the kerosene than you're fine. He's legally REQUIRED to supply you with a heat source (you can actually refuse to pay rent until he does).... so that's why it was filled. However to fill it and expect upfront payment is unusual.
As long as you leave with the same # of gallons in the tank, you're off the hook. He shouldn't be billing you upfront for the kerosene, though-- he should have it filled to a certain level and either take any used amount out of a deposit, or require you to refill it prior to leaving.
2007-04-06 06:53:38 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You won't find such a law in the Maine statutes. You will need to address the 'at will' agreement you made with your landlord when you first rented the property from him/her. Did the agreement include the cost of heating fuel ? If not, the landlord is entirely within his rights to collect this charge from you. Frankly, if your agreement did not include the cost of heat, consider yourself the beneficiary of seven years worth of an expensive annual gift from your landlord. Where has your heating fuel come from for the previous seven years ? If you have been ordering the fuel on your own and paying for it, then you have basically admitted that your rental agreement did not include heating fuel costs. The fact that, this year, the heat bill came from a source that you did not choose does not relieve you of the obligation to pay for it.
2007-04-06 05:20:31 · answer #4 · answered by acermill 7 · 0⤊ 0⤋
It seems to me that the landlord didn't want his house to freeze so he took the initiative to get kerosene into the house since you obviously weren't.
Before you moved in, you must have known how many gallons you would need for a year. It was probably a PRE_BUY for the winter..and you have to pay that before a certain date. So, in that case, it is your responsibility.
Don't take advantage!
2007-04-06 11:14:10 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Its not in your name dont pay it. If he takes you to court, good luck to him collecting. Never settle out of court. A judge can do more for you then all the pleading. I can not see how he can charge you. The un-fortunate thing is I bet you used it. He may had a twist there and was trying to protect his property from weather damage. Seek a free consultation with a attorney. Know your rights
2007-04-06 07:52:50 · answer #6 · answered by Anonymous · 0⤊ 0⤋
im not an arrorney so i cant give legal answer, but if you used it, you should pay for it. maybe your landlord will accept alittle each month with the rent
2007-04-06 07:00:50 · answer #7 · answered by gary w 4 · 0⤊ 0⤋
If the landlord didn't give you heat you'd be on here bitching you didn't have heat and shouldn't have to pay your rent.
Quit freeloading and work out a payment plan with your landlord.
2007-04-06 05:04:20 · answer #8 · answered by ? 5 · 1⤊ 1⤋
this should all be in a lease, there has to be some agreement showing what you would pay
2007-04-06 05:05:49 · answer #9 · answered by swenjj 4 · 0⤊ 1⤋