Q: Can our landlord charge us for utilities even though our lease states that utilities are included in our rent?
We've been living in yonkers ny for a little over 2 years and our landlord wants us to pay for utilities because she states that it is too high even though our lease agreement which we renewed on March 1 2022 and she raised it $50 a month because of an elliptical that we purchased and she stated that it will pull a lot of electricity which we know it doesn't but we agreed to that under the lease agreement. Now her electric bills are high and she wants us to pay for half of it $400 more
A: I would have to look at the terms of your lease, because it depends on the specific language used.
Steven Warren Smollens agrees with this answer
A:
Dear Yonkers Tenant:
If you are correct that the lease provides for "rent and utilities" at a flat monthly rate, the landlord is without unilateral power to change the terms and conditions and charge separately for utilities. If you live in a house with the homeowner and there is one meter for your dwelling and the landlord's apartment, the house may have been unlawfully divided. If so, Yonkers may view the two-family use as contrary to a Certificate of Occupancy.
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.
