landlord won't provide utilities

[dalck]

What is the name of your state (only U.S. law)? Mississippi.

We signed a commercial lease last month. It was our understanding that the landlord would be responsible for the utilities but our power was cut off last week. Here's how the lease reads:
Utilities and Telephone Service. LESSOR SHALL PROVIDE ALL UTILITIES EXCEPT TELEPHONE SERVICE. All applications for services on the demised premises shall be made in the name of the Lessee only, and Lessee shall be solely liable for charges as they become due.
Perhaps I misunderstood the lease agreement. The power and water was on when we moved in and we connected the phone ourselves. So, what do you think? ThanksWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[MIRAKALES]

Lessee: –noun. a person, group, etc., to whom a lease is granted.

Translation tenant is responsible for utilities. LL is rarely, if never, responsible for payment of utilities. LL is responsible to maintain provisions for utilities.
This does not make LL obligated for tenant payments for utilities.

As the lease agreement states:

• All applications for services on the demised premises shall be made in the name of the Lessee only
• Lessee shall be solely liable for charges

 

[Zigner]

However it ALSO says that the lessor will provide all of the utilities.
You apparently signed a "defective" lease.

 

[divalicious]

don't listen to them dal...

there is often a pro landlord bias everywhere you go, not only in court. It is obvious for anyone who can read and understand black and white that your landlord (lessor) agreed to pay the utilities. Don't let anyone trick you into thinking you are wrong. I say go to civil court and speak to a pro se attorney for free, and see how you can get this landlord to comply with the lease. Take him to court. When i had issues with my lease...This is what the bloggers here told me: "If you willing and freely signed the lease, you should pay"

Now that the shoe is on the other foot and it is the landlord's turn to pay, I'm hearing excuses for him. ...oh it's a defective lease blah,blah, blah...Hell NO! make the lanDlord pay...get an attorney specializing in landlord/ tenant issues if you have to. MAKE them PAY! it they signed it, they should pay it. trust me if it were you who had defaulted on your lease, the lanlord would have you in court quicker than lightening could hit you. There is nothing defective about your lease, the greedy landlord is too selfish to pay the utilities, he wants all the profit for himself. Make them pay.

Good luck and may the force be with you. Go tenants!

 

[rowz]

wow this divalicious is some PO work.

In any event, even a defective lease can be corrected by the parties involved or by the courts. Lets look at it this way: Up at the top of the lease it starts off with... blah, blah the premises is....blah, blah the rent is 5,000.00 per month. Then down below it reads blah, blah the security deposit is 1 1/2 times the monthly rent, and the amount due for that deposit is 750.00. The tenant signs it, the landlord signs it.

Then....a couple of days later the tenant says HEY!......I am only supposed to pay 500.00 per month....look at my Security Deposit, that explains it. I know I signed for 5,000.00 but I only agreed to 500.00

Landlord says, oh....well, I am going to go by the terms of the lease that we signed and the rent is 5,000.00, I am going by the first part of the lease that states that the rent is 5,000.00 per month.

Thats a defective lease.

I do believe that if they could not work it out that a court of equity [isn't landlord/tenant/housing court also a court of fairness?] would find that the fair thing is that the rent is 500.00 as evidenced by the Security Deposit and the general "market rate" in the given area.

In the OP's situation it is common practise that a tenant bears the cost of their own utilities. A mistake in a lease [creating a defective lease] is not the opening whistle of a game of "Gotcha" for either party.

The truly knowledgable ones here will not hesitate to point out the holes that may exist in my post.

 

[Zigner]

don't listen to them dal...

there is often a pro landlord bias everywhere you go, not only in court. It is obvious for anyone who can read and understand black and white that your landlord (lessor) agreed to pay the utilities. Don't let anyone trick you into thinking you are wrong. I say go to civil court and speak to a pro se attorney for free, and see how you can get this landlord to comply with the lease. Take him to court. When i had issues with my lease...This is what the bloggers here told me: "If you willing and freely signed the lease, you should pay"

Now that the shoe is on the other foot and it is the landlord's turn to pay, I'm hearing excuses for him. ...oh it's a defective lease blah,blah, blah...Hell NO! make the lanDlord pay...get an attorney specializing in landlord/ tenant issues if you have to. MAKE them PAY! it they signed it, they should pay it. trust me if it were you who had defaulted on your lease, the lanlord would have you in court quicker than lightening could hit you. There is nothing defective about your lease, the greedy landlord is too selfish to pay the utilities, he wants all the profit for himself. Make them pay.

Good luck and may the force be with you. Go tenants!

Are you really an idiot, or do you just play one on these forums?

The lease has two diametrically opposed statements.

 

[divalicious]

Are you really an idiot, or do you just play one on these forums?

The lease has two diametrically opposed statements.

Sorry to disappoint you zigs, but i am not an idiot...I am just that good. How dare you insult my brilliance...You should bow in the presence of greatness!

Now I can make you eat your own words...were you not the person who told me: you willing and freely signed the lease, there was no gun to your head. Well the same applies now. The landlord should pay the utilities because he willing and freely signed the lease. Don't jump ship now, if one rule applies to the tenant, it should d*mn sure apply to the lanDlord. I say make the greedy landlord pay! haha hoho hehe

 

[CA LL]

The LL has to provide the utilities means there is working electric, gas, etc. service to the unit...they do not have to make sure a working phone line is there.

The renter in this case must CLEARLY establish accounts in their OWN names with utility companies to PAY FOR and RECEIVE service on the working utility lines in place!

 

[Mrs. D]

The lease is poorly worded, but it sounds to me like the LL must provide access to all utilities, and the tenant must pay for them. Going to court would likely be a waste of time and money, as the judge would either decide that the lease means what most of us think it does (LL provides access, tenant subscribes and pays for service), or that the lease is defective and some settlement must be made and the lease re-written. You've only been there for a month, the back utilities shouldn't be that much, right?

 

[johnd]

I agree w/ CA and D. The phrases are not contradictory. The first one is simply obtuse. "Providing" utilities is not the same as paying for them...one only needs to read a dictionary to understand that. This is doubly true as the phrase immediately following the LL's duty (to "provide" utilities) makes clear that the tenant is to pay for all utilities and keep same in their name. (Mirakales hit on this very point). If anyone here is still unclear about the definition of "provide", read a Merriam Websters...or better yet, an Oxford English. Let me help you: the electric company invariably "provides" your electric service. That is not to say they are responsible for its cost. Duh!

I would have worded the LL's duty more succinctly. Regardless, it still amazes me how some try to get out of their obligation, and have others carry their load for them. I think a second grader could understand the intent of this sentence...let alone a judge. For those that have little command of the English language the lesson here is clear: hire an attorney to draft your legal documents.