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Landlord wants oil tank filled

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cjw60

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania
I have been renting a warehouse for my small business for the past 4 years, and have never been late with a rent payment during that time. I am responsible for all heat, sewer, water, garbage, and electric bills. My landlord needed to replace the oil furnace when we first moved in (June 2004), and in order to see if the new furnace was functioning, he needed to get an oil delivery. He told me he filled the tank, and I said, "thank you". Nothing was said about us having to fill the tank before we leave, and nothing in my lease states that I must fill the tank. Now that I have given notice, the landlord is telling me that I must fill the oil tank before I leave, and that if I don't he will withhold my security deposit. I'm wondering if he has a right to do this? Thank you for any help you can provide.What is the name of your state (only U.S. law)?
 


ecmst12

Senior Member
Your lease specifies that you are responsible for heating costs. Common law states an apartment must be left in the same conditionit was found in, less normal wear and tear. You found it with a full tank, you need to return it with a full tank. I don't think you would win this in court.
 

MIRAKALES

Senior Member
The majority of commercial leases require that tenants are responsible for their own utilities to run their business.
Therefore, without a doubt, tenant owes for all unpaid utilities (which includes filling the empty oil tank). Ask the question in reverse… had the oil tank been empty when tenant occupied, tenant filled the oil tank at own expense, and LL demanded a full oil tank at move-out… Would tenant be required to obliged LL by delivering a full oil tank? No, of course not. LL is correct in their demand for a full oil tank. Pay what is fair and due.
 

rowz

Member
I read this the same as what happens when one rents a car. The rental company provides you with a full tank of gas. You use the car and at the return of the rental youare responsible to leave the tank filled.

The oil tank was filled and you used the oil. What made you think that ou did not need to pay for that fuel, especially as your lease said that you were to pay for it.
 

xylene

Senior Member
Now that I have given notice, the landlord is telling me that I must fill the oil tank before I leave, and that if I don't he will withhold my security deposit. I'm wondering if he has a right to do this?
The landlord has a right to withhold from your security deposit the cost of the oil he provided to you.

Nothing more.

If he refuses to return your deposit, sue in small claims.
 

MIRAKALES

Senior Member
The cost of the heating oil is not relevant to the lease agreement. The lease agreement requires that the premises be restored to the original condition at move-out. The original condition was a full tank of heating oil. The tenant could possibly owe the LL if the cost of heating oil were relevant to the lease agreement (providing heating oil costs were more expensive at move-in).
 

xylene

Senior Member
Theory of damages?

The cost of the heating oil is not relevant to the lease agreement. The lease agreement requires that the premises be restored to the original condition at move-out. The original condition was a full tank of heating oil. The tenant could possibly owe the LL if the cost of heating oil were relevant to the lease agreement (providing heating oil costs were more expensive at move-in).
No, you are wrong.

If the tenant refuses to fill the tank, the landlords only damages are the cost they spent to fill the tank originally.

That is the only money the landlord did not recoup - the extent of their damages.

The landlord has no right to enrichment if the tank is being left empty to demand a fill with todays more expensive oil.

And if (and it isn't) oil was less expensive today the tenants could not skate on the original value of the oil they used simply by replacing it.
 

rowz

Member
Xylene:

Why would the LL only be eligible to receive the value of yesterdays oil?

How is this different than the rental car scenario I illustrated.

Also, lets say the LL is a large enough entity to get a reduced [wholesale?] rate on his oil.

Would he not be eligible to receive a retail pice from the tenant as they buy at retail?

Just wondering is all.

Thanks
 

xylene

Senior Member
Xylene:

Why would the LL only be eligible to receive the value of yesterdays oil?

How is this different than the rental car scenario I illustrated.

Also, lets say the LL is a large enough entity to get a reduced [wholesale?] rate on his oil.

Would he not be eligible to receive a retail pice from the tenant as they buy at retail?

Just wondering is all.

Thanks
There is no purchase agreement.

The tenants used the oil up.

The only thing the landlord would be the money he spent on the oil.

not the cost to replace the oil, not the theoretical profits, not anything but the cost

And certainly not the entire security deposit (unless of course the cost is equal to or greater...)
 

MIRAKALES

Senior Member
The actual signed written lease agreement is the only binding agreement between both the commercial LL and commercial tenant. Most lease agreements require that the premises be “restored to the original condition” provide at move-in. This does not mean restoration at the original value or original cost or original price at move-in. It means restore to the original CONDITION. (The operative word is "condition.")
The LL has the right to deduct from the security deposit (at today’s market value) if the oil tank is not restored and filled to capacity as provided by LL at move-in.
 

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