Santa Monica, CA asked in Civil Litigation and Contracts for California

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.

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1 Lawyer Answer
Thomas A. Grossman
Thomas A. Grossman
Answered
  • Palm Springs, CA
  • Licensed in California

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.

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