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Electricity Bill Problem

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T

TrlrTrsh

Guest
What is the name of your state? California

We live in a master-meter mobile home park, where the homeowner is responsible for payment of utility services. Management provides submeters for each lot, and, reads them once a month. At the end of each month, we receive a bill for the following months space rent and utility charges for the period from the 15th of the previous month to the 15th of the current month. The bill is due on the 1st of the coming month.

About 2 years ago, we received a rent bill, which indicated we had used exactly 3000 kilowatt hours of electricity during the billing period. The charge for electricity was $664. Since then, our monthly electricity bill has been all over the place. From a low of $9.50 to a high of $365.00, and, everywhere in between. The bill jumps up and down and doesn't show any trends for summer use verses winter use, or anything else.

Management claims we must be saving some months and not others. However, we began monitoring our actual electricity use almost immediately after the $600 bill. Over time, we've become aware of our electricity habits and when we deviate from them. This is not very often, because the process has programmed us to be pretty consistent.

Last month on the 12th, management was forced to replace our electric meter and have the old one inspected by the Dept. of Weights and Measures. I am not sure how she came up with the kilowatt hours used from 12/15/03 to 1/15/04, because my February rent bill only shows the opening and closing meter reading for the new meter (the meter which was installed 3 days before the billing period ended). The charge for electricity is more than $50 in excess of the average of our electricity bills for the past 12 months.

So, I wrote a letter to management explaining that the opening and closing readings for both the replaced meter and the replacement meter must be stated in the bill, and, because of the ongoing problems with our monthly electricity bill, and, because the amount being charged for electricity is so high, payment of the entire electricity portion of February's bill was being withheld until she provides the complete information as required by law. I gave her the letter along with my check for the reduced amount.

According to the California Mobilehome Residency Law, "Where management provides both master meter and submeter service of utilities to a homeowner, for each billing period the cost of the charges for the period shall be separately stated along with the opening and closing readings for his meter." [Civil Code Section 798.38]. This was also stated in my letter.

She is not happy with me. She has issued me a 3-day notice to perform covenants or quit for the nonpayment of my electricity bill and still has not provided me with meter readings for both meters. Considering the circumstances, I feel the way I handled the situation was totally reasonable, and, I don't think I should have to pay a dime until she provides the information I've asked for. But, is it legal? If I don't pay within the 3 days and we end up in eviction court, is it likely she could win? I am not happy with my fluctuating electricity bill but I am not unhappy enough to be ordered to move my mobile home and myself out of the park because of it. Should I take the average of the past twelve months bills and pay that amount? Any thoughts? Ideas? Anyone?

Thanks
 


HomeGuru

Senior Member
TrlrTrsh said:
What is the name of your state? California

We live in a master-meter mobile home park, where the homeowner is responsible for payment of utility services. Management provides submeters for each lot, and, reads them once a month. At the end of each month, we receive a bill for the following months space rent and utility charges for the period from the 15th of the previous month to the 15th of the current month. The bill is due on the 1st of the coming month.

About 2 years ago, we received a rent bill, which indicated we had used exactly 3000 kilowatt hours of electricity during the billing period. The charge for electricity was $664. Since then, our monthly electricity bill has been all over the place. From a low of $9.50 to a high of $365.00, and, everywhere in between. The bill jumps up and down and doesn't show any trends for summer use verses winter use, or anything else.

Management claims we must be saving some months and not others. However, we began monitoring our actual electricity use almost immediately after the $600 bill. Over time, we've become aware of our electricity habits and when we deviate from them. This is not very often, because the process has programmed us to be pretty consistent.

Last month on the 12th, management was forced to replace our electric meter and have the old one inspected by the Dept. of Weights and Measures. I am not sure how she came up with the kilowatt hours used from 12/15/03 to 1/15/04, because my February rent bill only shows the opening and closing meter reading for the new meter (the meter which was installed 3 days before the billing period ended). The charge for electricity is more than $50 in excess of the average of our electricity bills for the past 12 months.

So, I wrote a letter to management explaining that the opening and closing readings for both the replaced meter and the replacement meter must be stated in the bill, and, because of the ongoing problems with our monthly electricity bill, and, because the amount being charged for electricity is so high, payment of the entire electricity portion of February's bill was being withheld until she provides the complete information as required by law. I gave her the letter along with my check for the reduced amount.

According to the California Mobilehome Residency Law, "Where management provides both master meter and submeter service of utilities to a homeowner, for each billing period the cost of the charges for the period shall be separately stated along with the opening and closing readings for his meter." [Civil Code Section 798.38]. This was also stated in my letter.

She is not happy with me. She has issued me a 3-day notice to perform covenants or quit for the nonpayment of my electricity bill and still has not provided me with meter readings for both meters. Considering the circumstances, I feel the way I handled the situation was totally reasonable, and, I don't think I should have to pay a dime until she provides the information I've asked for. But, is it legal? If I don't pay within the 3 days and we end up in eviction court, is it likely she could win? I am not happy with my fluctuating electricity bill but I am not unhappy enough to be ordered to move my mobile home and myself out of the park because of it. Should I take the average of the past twelve months bills and pay that amount? Any thoughts? Ideas? Anyone?

Thanks
**A: yes, you should now pay what you think you owe and fight it out.
 

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