Q: Can a lessor demand utilities from a lessee 10 months retroactively when there was never a billing changeover done?
Entered 1 yr lse in Apr 2017. Contract states tenant responsible for utilities. Landlord did not initiate a transfer of Edison. Oct thru Dec 2017, Condo has power issue (partial power available. lights dim, unable to use electric stove, watch tv, etc). Repaired 27 Dec 2017. 01 Feb 2018 landlord asks if I'm getting Edison bills. I say no, as I have no Edison acct for unit. Asked to contact Edison for switch-over. I do, w/my acct active w/in 3 days. Asked to have Edison backdate my acct to beginning of lease. I refuse, as this is first mention, and have no idea what the billing looks like. Landlord sends bills, all in his name. I refuse, as I'd had no way to plan monthly usage of the power. No action taken.
Gave notice 30 June. Moved out by 25 July, so he could get tenant in on by 26th. Landlord attached his $700 Edison billing to my $9000 deposit. Can he do that? I offer to talk and come to agreement/compromise, but he wants all of it. Long story, likely a simple answer. Thanks.
A: I think the fact that your written lease requires that you pay the utilities might give your landlord an edge. However, you might argue that the landlord never changed over the billing, so you never even got to see what the bills were. Maybe he will split the difference with you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.