Q: Can my landlord charge me for utilities even though it was included when we signed our lease?
When we moved in we signed our lease and utilities were included. Now her electric and gas bill is up and she's trying to make us pay for a portion of it, saying that she's only one person and she doesn't use much electricity and we're 2 people so we use more. But we're barely even home and there's no separate meter to show what we are using. When looking at the lease the only thing mentioning anything about utilities it states: 11. Lesse shall be responsible for arranging for and paying for all utility services required on the leased premises, unless lessor states otherwise and includes utilities in the monthly rent.
A: You should clarify what the lease says, because in your question you indicate both that “utilities were included,” and also that the lease states that “Lessee [you] shall be responsible for… paying for all utility services required on the leased premises.” Where does it state that the utilities are included? Assuming there is an express clause indicating that I they are included, you may be able to argue that this meets the the “unless the lessor states otherwise…” language. But we would probably need this clarification.
Peter J. Weinman agrees with this answer
A:
Before any attorney can answer your question, they would need to see the entire agreement. Language, out of context, can be used either way. For example, what you quoted can mean that you're responsible unless it says somewhere "included in the rent." But without separate meters, the
11. Lesse shall be responsible for arranging for and paying for all utility services required on the leased premises, unless lessor states otherwise and includes utilities in the monthly rent.
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