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Shared Utilities (heat/furnace) Legal?

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Elaine1221

Junior Member
What is the name of your state?New Jersey--Two family home -- sold.....new landlord raised rent $190.00 & I did sign six mos introductory lease....then... 1 yr lease at the end of the introductory lease.... another $325.00 raise! Thermostat located in my apt, thus I control heat. Heat was included in rent with previous landlord (for both tenants) My apt is smaller than upstairs. Bottom line, my question is whether this is legal not to mention very unfair to split the bill as I consume less than my neighbor. I have been told that it is illegal to do this. If we are to pay for heat, he has to install an additional furnace to service the other apt. I'm at wits end here with winter approaching and only one salary.... MINE!! Please help!
Thank you :(
 


Elaine1221

Junior Member
Re: Shared Utilities

No...only the first year, then he did away with it as he said I was a good tenant. I've been here 7 years!
 

longneck

Member
you mentioned that the previous lease included heat, but you don't say what the new LL's position is. are you now responsible for the heating bills?
 

Elaine1221

Junior Member
Re: Shared utilities

Yes I am responsible. Rent + all utilites. Please re-read my original post to get a better understanding. I don't think this is legal. It is my understanding that in order for tenants to pay for utilities, they have be separate entities for each unit and not shared. Thanks so much in advance!
 

BL

Senior Member
Call your Local Housing Inspectors Office and ask .

If they tell you there has to be separate meters , ask for a copy of the Law .

Anything outside the Law in a Lease is not enforceable .

Why did you ever sign a lease knowing the LL was requiring you to pay ALL utilities for a 2 family Home ?
 

Elaine1221

Junior Member
I will only have to pay utilities for my apt. (#1) Upstairs is responsible for her unit. However, it is a large apt. and the heating bill might be considerable (oil no less). I signed because it will give me 4 - 5 mos to look for something suitable before the lease ends as opposed to having had to rent whatever surfaced within 30 days. I am definitely not staying past the 6 mos. I figured I'll conserve as much as possible then get out...but the more I think about this...the more convinced I am that there's got to be something unlawful about this. Thank you so much for your help! I'll post results of my legwork!
 

longneck

Member
in the case of shared utilities, fixed-cost utilities are usually split either by number of residents or even based on the number of units. variable-cost utilities (like heating) are usually split based on number of residents or unit square footage.

in the case of heating oil, square footage is the most appropriate way to split.

how is the LL splitting your bill?
 

Elaine1221

Junior Member
Re: Shared Utilities

He is splitting it in half which is totally unfair as the other unit has an additional bedroom. I also just discovered from the gas co. that I will be paying for hot water for both apts as there is only one water tank and it's on my bill. All advise is deeply appreciated! Thank you.....
P.S. I read a post somewhere else that mentioned the following statute maybe? Not sure...but I cannot locate it. Can someone please point me towards the right direction? 151.202.55.88
 

Elaine1221

Junior Member
Re: Shared Utilities

Hmmm..I'm thinking it references an actual case. I'm awaiting a callback from my local Housing Authorities. In the meantime, I continue researching so that I can present to him.
 

BL

Senior Member
Elaine1221 said:
He is splitting it in half which is totally unfair as the other unit has an additional bedroom. I also just discovered from the gas co. that I will be paying for hot water for both apts as there is only one water tank and it's on my bill. All advise is deeply appreciated! Thank you.....
P.S. I read a post somewhere else that mentioned the following statute maybe? Not sure...but I cannot locate it. Can someone please point me towards the right direction? 151.202.55.88
Can you break this down for us ?

What is the Home heat source for the Furnace ?
Is this in the LL's name ?

What is the Heat source for the water heater ?
You mention the Gas Co. stated you are paying the entire Bill which is in your name .

They separate , or the same ?

Depending on what is happening here send the LL a return receipt requested Certified Letter , outlining the date of the Lease , and what you have learned from the Utility Cos. involved .

Request the Landlord to rectify the issues as to your portion of the home heat bill be adjusted to say a 3rd instead of 1/2 the bill .

Request that since the water heater serves Both Apts , that the LL put that bill in His/Her name and pay it .

You really should have request from the LL the bills for the last 2 yrs .
At least in My state if you request them , the LL must supply you with them before entering into a lease .

You should have also contacted the utilities before signing that lease . In other words , done your home work before you signed .

I'm sure if the LL refuses to oblige your request , the Court will rectify at least some of the damage .

Anything you sign that is outside the Law , is not enforceable in the Lease .

I didn't see anything on my search about inspections other that more than 3 units , you might want to call your local code enforcement office to see if they will inspect at least . If the do and find issues , then you can at least obtain a report to support you in Court .
 
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Elaine1221

Junior Member
Re: Shared Utilities

First of all...I thank you for all the responses!
Yes...it was quite foolish of me to sign prior to researching. He took me by total surprise...showed up and wham! I was in shock over the raise alone! However....If the law is on my side....that lease means nada, so I continue my legwork prior to Nov. 1st. To break it down...it is an oil tank....for water gas as the co. supplied the info. There is one furnace and one water tank...that is it....only one source for both apts. Re: past bills.....new owner of 1 mos...have called prior owner but no response...owner passed and willed property to daughter who wants no part of anything so I cannot request info. However, I did call the oil co servicing us in the past (which previous owner paid for) and did get a $ breakdown...but....it is my understanding new owner is shopping around..still! It is my intention, as you suggest, to certify a letter with Nov's rent outling all findings. Oh yes! In my "travels" I discovered that he can only collect 10% additional deposit security as opposed to what he requested.
 

Elaine1221

Junior Member
UPDATE on shared utillities situation

Again, I would like to thank all the advise given! I took it and this is the latest. Tomorrow morning the town health inspector is coming to see things for himself in addition to PSE&G to make sure the wiring is appropriate and I'm only paying for my consumption. But....I was told by a licensed plumber that this cannot be....a 2 family home, zoned as such, has to have different sources for each apt. in order for the tenants to assume responsibility for their own utilities. We shall see what happens tomorrow,
Again...thank you so much! I will update in the event someone else encounters a similar situation.
 

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