Landlord's shared utilities is FRAUD

[5150qt70]

What is the name of your state (only U.S. law)? California
Living in California has become overpriced, under respected, and a target to be ripped off due to the rental market and Greedy landlords. I discover my landlord was charging me for PG&E service that I am not using. The business next to me also a rental to my landlord has been aware that they are using the outlets that are on a adjoining wall that is on my meter. They have their own meter that is billed out to landlord also and all they need to do is plug into their outlet
Our agreement 2 yrs ago was 50/50 with the 1 other residential tenant behind me with the bill under the landlords name. I am informed today that PG&E can do nothing about the landlord using PG&E's name and bill to take advantage of tenants and allowed to do it through PG&Es' standards. It is also not fraud for a business to use energy under a residential rate and keep the companies lights (only) on their low rate of GNR1of 20$/month. PG&E gets paid tenants money though the landlord at tier 4 rate raising the bill 400$/month. Sounds like a WIN WIN! But not for tenants!
I have paid over $4500.00 in 23 months apartment. As a business has paid 500$ for their electricity using A/C and old electric heater,. The guy that stays in a shed in backyard has more for his several extension cords for a heater, A/C, TVs..
I have held PG&E payments for 3 months because he will not give me copies of the bills, and now will not even allow me to see them. I have questioned why they do not use their outlets for their own meter on their other wall and 1 issue be done.
After 3 months living here I had the landlord admit that they use our electricity because they called to find out what happen with a flick of the breaker. For the 1st 15 months the landlord said they could only use like only 40$ that actually cost us over 4/5 times that.
I didn't know what to do and maybe made a mistake with holding rent but I am pissed! For 6 months I have pressured them to address this issue with false meetings, pretend meter separating and more fraud, lies, and bull****, but foremost taking from my children that is better needed in our home...NOT to a business and landlord committing fraud to be flat GREEDY.
Days before our last discussion I just had learned that the one man with the extension cords dangerously running to the double detached garage (which is rented to another man for storage and selling items out of with paying nothing to run lights, garage opener). Me, myself.. Not a pity party or ashamed that a year ago I got a restraining order on my abusive husband and still standing tall, but I am a single mom with 3 kids temporary surviving on my Federal Disability. Really it is Christmas.. I have my 6 year old anticipating Santa along with two my teens sons with their wish list
We agreed that they were bringing the bills to me and I would pay my rent and then come to an agreement in writing, of reimbursing 5k and adjusting the charges. I never agreed for a lucrative business or a single man staying in a shed to use energy that I am being fraudulently charged for knowingly by the landlord. I never received a response or the copies of the PG&E bills, instead my 14 year old son was served with a 3 days later with a 3 day pay or quit by the sheriff's office and will not respond to me in any manner. Appear in person at my home unannounced because I was trying to contact them about rent. I left a message and text that this was becoming a problem for me.
Right or wrong.... what should I do? They are stealing my money right in front of my eyes and evicting me because I call them on it. Landlords are not allowed to overcharge tenants for utilities they do not use especially with evidence that I have been overcharged and not easy. I filed discovery but no word or docs yet, court in 8 days. Most laws require landlords to give tenants information about how the utility bills are charged and spilt?? Can a failure to provide this information be considered a violation and breech of lease?

 

[Gail in Georgia]

Your posting is a bit confusing but it appears that your landlord has filed for an eviction because of your failure to pay rent, correct?

Please review the attached. California does allow a tenant to withhold rent is certain cases when repairs that affect habitability are not addressed; it is unlikely that what you have posted would meet this criteria. You can present you reasons for withholding rent to the court hearing but you may have "cooked your goose" regarding this matter by failing to pay rent.

http://www.dca.ca.gov/publications/landlordbook/repairs.shtml

Gail

 

[FarmerJ]

What did your local housing inspector have to say about all the extension cords being used outside to service buildings ? did you tell inspections someone was living in a shed ? Your state legislators are the ones who wrote laws that allow for meters to be shared not your landlord. In your state a landlord can indeed legally require a tenant to pay all or a portion of a shared meters use as long as it is spelled out in the lease contract.

 

[5150qt70]

Sorry for the confusion in my questionn

The inspection was only on the right side of property the shed is on left plugged into detached garage and was told he only was only using a light.
The agreement to the shared utilities was not a written one. It was oral and LL said the adjoining tenant would spilt the bill 50/50 with me. I agreed to the terms of the lease. The 3rd month here I recievrd a text that my portion was 370.00, I became a bit concerned with the bill being so high and questioned why so much and he stated he would look into it because that was very high he thought too. The next was 30.00 less and at that point i started to try and see for myself why. I went to ask the business to the left of me if they had their own meter, they said yes. I then become to know the man in shed and discovered he used a lot more than a light, addressed LL, he then agrees to collect 60.00 from him. I was reluctant but what could I do with a year lease. A few months later I began to switch breakers and the office lady at the business came and asked was my electric on and I said I was testing the breakers and she said her power was off.. Hmmm
Addressed LL and he said oh they only have their computer on the adjoining wall plug in and would take 40 off the bill. I bring up our agreement that only 1 unit and a extension cord for a light, not all this extra. He has his uncle buy him out and washes his hands. They lead me to think that the uncle is new owner and he is not responsible, but contract with 1st LL still good. Finally I got to see 2 bills and I realized that 300.00 of 700.00 bill was for our usage being charged for tier 2, 3, 4. I also became to switch the breaker when the A/C was on at the business and sure enough it was on our meter. Their bill ran the same every month at 20/25 never changing. I now want to see all the bills and copies for records, they gave me the run around, stalling. I started with not paying the bill if I cant see the charges. Three months of not paying and I began to calculate what I would of paid if bill was spilt 4 ways and it would be 2460.00 that I paid toward two additional units on my meter. I asked them to meet with the day after rent again for the bills to make sure credits were applied if any and the amount of bill match my payment less their the 40/60 credit applied. They were very bother and speaking in the native language when they have always spoke in english around and then I insisted they give me the bills and I will hand them rent. They waited 4 days to be in default and filed 3 day pay or quit. Would not answer, text, return my calls. Even when I assured them payment for rent. I have a right to see any bill I am being billed. I sent answer for retaliation and discovery to get the bills. They have a lawyer and he waited to respond until now it is too late to counter their denial.. I think. But I searched the records on property and he was not truthful in his answer about his ownership, and stated durning my agreement no other person managed the property under his ownership. But in fact his nephew that was the owner/manager was on the deed with him until the uncle bought him out.
So I hope this a little sense and crossing my fingers I dont get screwed again for withholding the rent, which I see was not my best option. I saw it as I was overpaid and if I stood my ground they would do right, as I in good faith was doing. Either way, I hope I make a big enough issue that the other tenant that has been here and paying these bills for 8 years gets some relief off the bills she is paying the whole time. =/
Thank you for your responses. Wish me luck. =)

 

[FarmerJ]

I get it that you orally agreed to this so called bill splitting but at the same time this is what I found > http://homeguides.sfgate.com/tenants-rights-utility-billing-california-8073.html third paragraph down under full disclosure says LLs should make tenants aware how the billing is done and should explain it in the lease BUT further down It says under shared utilities several options , and I suggest you learn more of the details about shared utilities and billings by contacting a near by tenants advocacy group and see if they know of specific statutes that require the LL to give to a tenant copies of the bills the LL is seeking payment on when its not in the tenants name. Make sure to bring a copy of your current lease with you to court so you can show the court that the lease does not spell out any details of the so called shared utility arrangements and make sure you bring with you to court every penny of the rent money and the so court cost and do not deny that you owe the rent money but instead offer to the court that you do indeed have it with you and you just want copies of the bills that you are being re billed for from the landlord.

 

[FarmerJ]

Food for thought , next time your looking at rental units count the meters , if the place is a four plex and has a laundry room that all 4 apartments can use if there are FIVE electric meters wonderful if its a four plex and has four electric meters and your supposed to pay your own then your free to ask who pays the electric for the laundry room? ( years ago some multi units really were set up where each tenant had their own outlets in the common laundry room and had to plug the laundry machines into their own outlet in order to use them) same with gas meters if your supposed to pay your own gas then how many meters are there ? if there is only one meter say for electric and LL again tells you that you are to re pay to him /her a portion of that meters bill either decline to rent it and go somewhere else or make sure every thing is spelled out in writing~!

 

[5150qt70]

Thanks Farmer John

Thank you for the food for thought, it is for sure something to consider. I learned more than I wanted. I use to think in life be honest, humble, and kind and it all comes out in the wash. Then everytime someone shows me that a sucker is born every mintue and its me time and time again. I am 46 and should know better, my mama spent her whole life saying.. Crazy daughter of mine...Dont trust or believe anyone. I would always respond, ah hell, if you go though life distrusting everyone, you will always be alone... But definitely in business I will take that advice from now on. Lol
I will find out Thursday if honesty is on my side.
Have a wonderful Holiday Season, and again thank you for your advice. =)