Oil left in tank

[Quela]

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

Does anyone know what is supposed to happen to the oil I leave in my rental upon my departure? The landlord charged me for the oil in the tank when we moved in and I have left it with about 3/8th of a tank when I left. She was in total shock I even asked. We are her first renters and if anyone can point me to any Mass law that answers this, that would be great because then I could share it with her as well.

 

[FarmerJ]

Call the oil supplier to learn what the value of that oil would be then send your LL a written letter via confirmed mail delivery and remind her that you did have to pay her for the oil that was in the tank when you moved in and you want her to repay you and collect it from current tenant or you will have no choice but to ask small claims court to decide for her. In my region I see the same type of problems with propane tanks and co workers of mine who rent homes. give her a few days to reply and if she will not then consider filing and letting the court decide.

 

[johnd]

W/o a written agreement to the contrary, it vcan be treated as abandoned property. Imho, you are NOT entitled to the retail value if simply abandoned...wholesale at best.

 

[Mrs. D]

Abandoned property? It's not like you can take the heating oil with you. I think if you had a written agreement to pay for the oil at move-in, or some other proof that you paid for it (like a canceled check or receipt), that should suffice as a "written agreement" that you pay for the oil you use in this apartment. Except if you have a written agreement that oil left by you will NOT be reimbursed, which is doesn't sound like you have.

3/8 of a tank is a lot. In a 275-gallon tank (standard), with heating oil at over $4 a gallon, you're looking at over $400! I would take Farmer's advice and write her a letter demanding reimbursement for oil paid for and never used. As Farmer said, she can just collect the money back from the next tenant, and chances are, had you not asked for reimbursement, she would have charged the next tenant for the heating oil she got for free from you.

 

[johnd]

Abandoned property?

Yes. "...the oil I leave in my rental upon my departure" is textbook abandonment. Do you have another term for it (absent a written agreement to the contrary)?

It's not like you can take the heating oil with you.

Yes, you can. Or you can have a pumper remove it and he'll pay you for it (usually 50 cents on the dollar). As I stated, you are legally owed nothing if it was abandoned...as it plainly was. Oops.