Requesting Copy Of Bills From Lanlord

[Mspag]

What is the name of your state (only U.S. law)? Colorado
Hello,
The building I live in was recently purchased by another person. In the lease it stated that tenants will be responsible for water, sewage, and gas. Previous owner didn't charge. This is an eight apartments, one bedroom secure bldg, with a washroom; washer and dryer. There is only one meter for the water and gas. I do have a meter for electric and receive a montly bill, which I pay.

There are up to 4 tenants in one apartment. I am a single person.

The new landlord types up on a piece of paper the following:
Apt 000 - For 1 tenant mm/dd/yy to mm/dd/yy:

Water = $XX.XX
Gas = $XX.XX

Total = $XX.XX

1st Question - I have ask for the total amount(s) of the Water and Gas bills and the formula used for these charges. He has refused to give me this information. What are my legal rights to this information? I don't know if I'm being over charged.

2nd Question - I refused to pay this months charges because he has not been forthcoming with the information. I was threatened with a 3 day notice to pay or else! I paid the rent in full as I do every month, but not the additional charges (above), Can he do this?

Thank you very much in advance. Any information provided will be greatly appreciated.What is the name of your state (only U.S. law)?

 

[Who's Liable?]

What is the name of your state (only U.S. law)? Colorado
Hello,
The building I live in was recently purchased by another person. In the lease it stated that tenants will be responsible for water, sewage, and gas. Previous owner didn't charge. This is an eight apartments, one bedroom secure bldg, with a washroom; washer and dryer. There is only one meter for the water and gas. I do have a meter for electric and receive a montly bill, which I pay.

There are up to 4 tenants in one apartment. I am a single person.

The new landlord types up on a piece of paper the following:
Apt 000 - For 1 tenant mm/dd/yy to mm/dd/yy:

Water = $XX.XX
Gas = $XX.XX

Total = $XX.XX

1st Question - I have ask for the total amount(s) of the Water and Gas bills and the formula used for these charges. He has refused to give me this information. What are my legal rights to this information? I don't know if I'm being over charged.

2nd Question - I refused to pay this months charges because he has not been forthcoming with the information. I was threatened with a 3 day notice to pay or else! I paid the rent in full as I do every month, but not the additional charges (above), Can he do this?

Thank you very much in advance. Any information provided will be greatly appreciated.What is the name of your state (only U.S. law)?

Most states give the tenant the legal right to request and review ALL bills associated with their rental unit(s). Verify with your states LL/T laws.

Send a letter to the LL, CRR, demanding a copy of the water bill as well as any formula used to average out the bill for your unit. Demand they be sent within 10 business days. If you do not receive an answer, said another notice(CRR) demanding the same items and cite the original demand letter. This time include you will seek legal remedies should the LL fail to provide you of said copies.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Colorado
Hello,
The building I live in was recently purchased by another person. In the lease it stated that tenants will be responsible for water, sewage, and gas. Previous owner didn't charge. This is an eight apartments, one bedroom secure bldg, with a washroom; washer and dryer. There is only one meter for the water and gas. I do have a meter for electric and receive a montly bill, which I pay.

There are up to 4 tenants in one apartment. I am a single person.

The new landlord types up on a piece of paper the following:
Apt 000 - For 1 tenant mm/dd/yy to mm/dd/yy:

Water = $XX.XX
Gas = $XX.XX

Total = $XX.XX

1st Question - I have ask for the total amount(s) of the Water and Gas bills and the formula used for these charges. He has refused to give me this information. What are my legal rights to this information? I don't know if I'm being over charged.

2nd Question - I refused to pay this months charges because he has not been forthcoming with the information. I was threatened with a 3 day notice to pay or else! I paid the rent in full as I do every month, but not the additional charges (above), Can he do this?

Thank you very much in advance. Any information provided will be greatly appreciated.What is the name of your state (only U.S. law)?

I agree with the last poster.

Additionally, most 3-day Pay or Quit Notices are strictly limited to unpaid RENT due, and cannot legally include any other charges, such as utilities, late fees, etc.

The LL could, however, serve you with a 3-Day Notice to CURE or Quit instead, citing nonpayment of the utilities that they claim you owe as your breach of the lease agreement. If they do this, and if they still fail to produce proof of how they calculated the amounts you owe (i.e., the actual utility bills/invoices), then they would be forced to produce this as evidence in any eviction action. As long as you hold on to the monies for those utilities (and produce proof that you have it and have not spent it), then this could potentially be a viable defense in said eviction action.

 

[atomizer]

You are being given bad information on both counts. Most states donot require your landlord to provide his cost to charges. Only what he is charging you. Utilities however are a different matter and some may provide otherwise. As for the pay or quit, he can give you a pay or quit for past due rent or other breach of the agreement. That is unless your lease indicates otherwise.
Also, should you choose to go through the eviction process, win or lose, it will be public record that an attempt to evict had taken place. Most LL's don't care if you won or lost. They will reject your application without giving it a second thought.

III. Terminating a periodic tenancy or a term tenancy for cause Summary:
Non-payment of Rent: 3-day notice. Pay or vacate. See 13-40-104, below.
Violent Criminal Acts/ Drug-related Felonies: 3-day notice to vacate. See 3-40-104, below.
Breach of Rental Agreement: 3-day notice. Remedy breach, or vacate. See 13-40-104, below.
Repeat of Breach of Rental Agreement: If same infraction, 3-day notice to vacate. See 13-40-104, below.


38-12-212.7. Landlord utilities account. (1) Whenever a landlord contracts with a utility for
service to be provided to a resident, the usage of which is to be measured by a master meter or
other composite measurement device, such landlord shall remit to the utility all moneys collected
from each resident as payment for the resident's share of the charges for such utility service within
forty-five days of the landlord's receipt of payment.
(2) If a landlord fails to timely remit utility moneys collected from residents as required by
subsection (1) of this section, such utility may, after written demand therefor is served upon the
landlord, require the landlord to deposit an amount equal to the average daily charge for the usage
of such utility service for the preceding twelve months multiplied by the sum of ninety.
(3) Any utility which prevails in an action brought to enforce the provisions of this section
shall be entitled to an award of its reasonable attorney fees and court costs.

 

[sandyclaus]

You are being given bad information on both counts. Most states donot require your landlord to provide his cost to charges. Only what he is charging you. Utilities however are a different matter and some may provide otherwise. As for the pay or quit, he can give you a pay or quit for past due rent or other breach of the agreement. That is unless your lease indicates otherwise.
Also, should you choose to go through the eviction process, win or lose, it will be public record that an attempt to evict had taken place. Most LL's don't care if you won or lost. They will reject your application without giving it a second thought.

III. Terminating a periodic tenancy or a term tenancy for cause Summary:
Non-payment of Rent: 3-day notice. Pay or vacate. See 13-40-104, below.
Violent Criminal Acts/ Drug-related Felonies: 3-day notice to vacate. See 3-40-104, below.
Breach of Rental Agreement: 3-day notice. Remedy breach, or vacate. See 13-40-104, below.
Repeat of Breach of Rental Agreement: If same infraction, 3-day notice to vacate. See 13-40-104, below.


38-12-212.7. Landlord utilities account. (1) Whenever a landlord contracts with a utility for
service to be provided to a resident, the usage of which is to be measured by a master meter or
other composite measurement device, such landlord shall remit to the utility all moneys collected
from each resident as payment for the resident's share of the charges for such utility service within
forty-five days of the landlord's receipt of payment.
(2) If a landlord fails to timely remit utility moneys collected from residents as required by
subsection (1) of this section, such utility may, after written demand therefor is served upon the
landlord, require the landlord to deposit an amount equal to the average daily charge for the usage
of such utility service for the preceding twelve months multiplied by the sum of ninety.
(3) Any utility which prevails in an action brought to enforce the provisions of this section
shall be entitled to an award of its reasonable attorney fees and court costs.

Sorry atomizer, but the Pay or Quit notice is restricted to RENT ONLY in most jurisdictions. For example, in California where I live, if a Notice to Pay or Quit includes any charges OTHER than rent, it is considered invalid and ineffective.

LL's remedy is to use a CURE or QUIT notice here (a 3-Day notice is available for this specific breach in this jurisdiction, but must specify the reason for the breach).

I am simply pointing out that MOST LLs mistakenly provide their tenants with a PAY or QUIT notice for nonpayment of costs other than rent itself, which is not the intended purpose of that specific notice. Utilities are NOT considered rent unless specifically identified as such in the rental or lease agreement documents.

And the statute you provided regarding utilities dictates how LLs deal with utility companies when contracting for services they are providing as part of their agreement with their tenants. It says NOTHING about how the LLs are to collect those utility payments from their tenants, nor does it provide any specific remedy or penalty against the tenants should they fail to provide payment as agreed for those utilities within their rental agreement.

 

[atomizer]

Sorry atomizer, but the Pay or Quit notice is restricted to RENT ONLY in most jurisdictions. For example, in California where I live, if a Notice to Pay or Quit includes any charges OTHER than rent, it is considered invalid and ineffective.

LL's remedy is to use a CURE or QUIT notice here (a 3-Day notice is available for this specific breach in this jurisdiction, but must specify the reason for the breach).

I am simply pointing out that MOST LLs mistakenly provide their tenants with a PAY or QUIT notice for nonpayment of costs other than rent itself, which is not the intended purpose of that specific notice. Utilities are NOT considered rent unless specifically identified as such in the rental or lease agreement documents.

And the statute you provided regarding utilities dictates how LLs deal with utility companies when contracting for services they are providing as part of their agreement with their tenants. It says NOTHING about how the LLs are to collect those utility payments from their tenants, nor does it provide any specific remedy or penalty against the tenants should they fail to provide payment as agreed for those utilities within their rental agreement.

Alaska
Arizona
Arkansas
California
Colorado
Connecticut.

All have pay or quit for failure to pay rent or other reasons. And that's just the beginning of the list.
As for Utilities, you will notice that by law the landlord is suppose to turn in all monies collected as Utilities. It would make no sense to collect more for Utilities and then turn it over to the county or city.
Now since you claim to be from Ca, I will post the law for you.

3-Day Notice to Pay Rent or Quit
Landlords can use this notice when the tenant is behind on the rent.

3-Day Notice to Perform Covenants or Quit
Landlords can use this kind of notice if the tenant is breaking the lease or rental agreement and the problem can be fixed.

3-Day Notice to Quit
This kind of notice is used if there have been ongoing problems with the tenant who:
Causes or allows a "nuisance" on the property,
Uses the property to do something illegal (like sell drugs),
Threatens the health and safety of other tenants or the general public, or
Commits waste that lowers the value of the property significantly.