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.
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.
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.