Paying other tenants utilities???!

[SueB130]

I have a question that falls into a number of categories, but mainly I want to break my lease early.

I have completed two months of a six-month lease and have paid for the third month. I moved into the apartment after a long-distance move, from Iowa to Utah. I rented the home during a house-hunting trip prior to my move and at the time knew that the home was a duplex and that a young couple lived downstairs.

Upon my arrival, I leaned that the "duplex" was a recent development. The home had been converted from a single-family home into two units by the landlord. He did not split off the utilities, such as water, gas, or electric. I discovered, to my amazement, that the other tenants rent their unit with utilities included, and that I am expected to pay the utilities for the entire home! The landlord assured me that the utility bills are so low that this was "no big deal," so I agreed to wait and see. After all, I had just driven 1,500 miles and my moving van was on the way - what could I do?

To be truthful, I want out of the rental home because I have found a home that I wish to purchase. Also, this home was never intended to be a duplex, and I can hear everything that goes on in the other apartment, and these people stay up all night long. It is a rare night when these people do not wake me up at least once. They are not making abnormal amounts of noise, it's just that the house is exceptionally noisy with the world's creakiest floorboards. I was also told that the tenants do not smoke, but they smoke marijuana. I was told that pets are not allowed, but they have a cat that lives outdoors. I was told that only two people live in the other unit, but there are three most of the time.

Can I get out of the lease based upon the utility situation? If they offer to pay a portion of the utility bills, do I have to accept that remedy, or can I demand that the utilities be properly split off with separate meters? I happen to know that this cannot be done because the other apartment does not meet the fire code and the zoning office will not approve it as a rental unit. The utility companies will not install the separate meters without approval from the zoning office.

So, basically I live in an illegal duplex with noisy neighbors who are doing illegal things (smoking marijuana, but this is very difficult to prove) and keeping me up at night. To add insult to injury, I am expected to pay for utilities for four people when I live alone. I have not yet received a utility bill for a whole month, but have received one for a half month. Once I have a full month's bill in my hands, I intend to make my case. I have considerably more square feet than they have, but can only assume that I use only 25% of the power when it comes to water use, sewer, laundry, and hot showers and use an equal amount of power as far as refrigeration and cooking.

Do I have a case? Does the fact that I waited for two months to complain weaken my case, given that I did not have a utility bill yet? Once I complain, can they tell me that I may break the lease if I move out immediately, or is it reasonable for me to ask to remain for an additional 30 to 45 days so that I may secure a new place to live? Under these circumstances, will I be expected to assist in the search for a new renter?

Thanks in advance for your advice.

 

[JW8]

it sounds pretty bad. the thing to do would be to reveiw your lease contract and go over the stipulations. the next thing would be to see what else the landlord is doing wrong. it may be possible that he is claiming he lives in the home to secure lower taxes on the property, and he may not have had a building permit when the house was converted making it a illegal duplex. if you cannot get out of the lease agreement hang in there. because even though you have found a home it may take some time to actually purchase it. this is because if people still live there they get time after closing to move out stipulated in the purchase agreement. the next is how long you want to haggle on the price. to do this well try and find a realator who is very good about pointing out the bad side to everything. there is usally one around somewhere. but never use them to sell your home. to find out the facts about your particular residents go to where all the permits are issued in your area and ask about your particular home. the next thing is if its in a ne subdivision you should try and find out about the stipulations to the building and purchasing of land and homes in the subdivision because many subdivisions strictly prohibit someone from leasing there home and often approve all changes and bluprints to a home for the subdivision.

 

[happy&lucky]

YOU HAVE BEEN DEFRAUDED........

GO to your utility company TODAY>>>>>>>>

And ask for a home inspection, It is Illegal to pay for anyone else utilities, tell them to put it in the landlords name untill it is split!

The landlord MUST pay for it or split the lines

This is call Electricity Theft and is a CRIMINAL ACT by the landlord!


So best advice.......... Stay the full length of your lease, Since the landlord cannot charge you for utilities without splitting of the meters, that should take a few months....and

You will have to sue him for your security depoist back in small claims court, and being it was an illegal apartment how can a judge say exactly what you owe...he cant so... you will win.

 

[SueB130]

Thanks. I know full well that the "duplex" is located in the proper zoning area for duplexes, but that it does not conform with the fire code and is illegal. I was told this by the zoning office, but was also told that the city is full of illegal duplexes and that they do not do anything about them.

The thing is, my unit is not the one that is unsafe - it is the other one. If I did not have a proper escape route in the event of a fire, I would use that as my reason to break the lease without penalty. However, I don't think that I can get out of the lease based on my concerns with someone else's safety, can I? I could always threaten to turn the landlord in if he refuses to let me out of the lease, but maybe he knows what I know - that the city does not enforce their own zoning ordinances.

As far as buying the new house, I do wish to remain in my rental unit for another month because it will take some time to get into the new place, but I don't want to drag things out for the remaining three months - I need to get some sleep.

 

[happy&lucky]

Sue you do have options but breaking the lease is not one of them yet.....

The bills are still in your name, and if you leave you still will be responsible for the bills.

YOU cannot leave untill ALL the Utilities bills are in the landlord name

YOU have FAR more leverage just staying there.