Hazlehurst, GA asked in Landlord - Tenant for Georgia

Q: Can an apartment landlord suddenly start charging separate utilities when it was previously included in the rent?

Lease agreement states electricity is included. They suddenly want to charge 100 a month for one person in a small studio apt.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In most cases, a landlord cannot suddenly change the terms of a lease agreement during the lease period, including charging for utilities that were previously included in the rent. If your lease agreement clearly states that electricity is included in your rent, your landlord should honor that agreement until the lease expires.

However, there are a few circumstances where this might be allowed:

1. If the lease agreement includes a clause that allows the landlord to make changes to the utility arrangements with proper notice.

2. If you and your landlord mutually agree to modify the lease agreement to exclude electricity from the rent.

3. If local laws or regulations change, requiring the landlord to separate utility charges from rent.

If none of these situations apply, and your landlord insists on charging you separately for electricity, you may want to take the following steps:

1. Review your lease agreement thoroughly and make sure it clearly states that electricity is included in the rent.

2. Have a conversation with your landlord, politely explaining that the lease agreement includes electricity and that you expect them to honor the agreement.

3. If the landlord refuses to comply, consider seeking legal advice from a local tenant rights organization or a lawyer specializing in landlord-tenant law to understand your rights and options.

Remember, lease agreements are legally binding contracts, and landlords generally cannot change the terms unilaterally during the lease period.

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