Tenant Paying for Landlord's Electricity

[mdtenant]

What is the name of your state? Maryland

I rented an apartment that occupied the space above my landlord's garage and den. I lived there for about two years before I moved out last month. Both the apartment, garage and den were built as an addition to the landlord's house about 10 years ago.

I finally was able to confirm it in December, but it seems that I was paying the electricity for the entire addition to the house. There were two electricity meters - one for the main house and one for the addition. The circuit breaker panel for the addition (including my apartment) was in the garage and had labels for both my apartment and the rest of the addition.

I called my utility company when I found this out, but they told me it was an inside issue and to contact an electrician. I contacted a number of electricians, all of who said that it would be too expensive to run a trace on the meter in question and that I would have to get permission from the landlord to do so since they would have to enter her house.

The only "proof" I was able to get was that I was able to take photos of the labeled circuit breaker panel showing the labels and I had a witness who saw me try the different circuits (such as the garage lights going off). About half of the cirucits control her area.

I recently filed a complaint in small claims court for 50% of my electricity bills for the length of my tenancy. I calculated it to be 50% based on her share of the fuses and the apartment occupying exactly half of the addition to the house.

My lease said only that I am responsible for my own electricity, but the landlord never disclosed that I would be paying for her electricity as well.

Does anyone have any tips for me in preparing for court? Any advice regarding additional evidence I might need or things I may not have thought of would be much appreciated.

 

[Born to Lease]

The utility company must refund to you all of the utility bills that you paid during the time of improper metering, up to two years, if you paid for the heat, hot water, air conditioner, drier, refrigerator, or freezer of another apartment or common area. If the incorrect metering only resulted in you paying for a common area light, doorbell, and/or smoke or fire alarm, the company will refund you a total of $10 per month for the relevant period. The company will then require your landlord to pay the back bills.

 

[JETX]

"The utility company must refund to you all of the utility bills that you paid during the time of improper metering,"
*** Where did you get that from?? Please provide a link to the state statute or caselaw to support your post.

Reason: it is simply NOT correct. The utility company has no obligation to their customer as to the private wiring (metering) at the property. Their 'obligation' ends at the service point.

In reviewing this issue, I found where a Maryland appellate court held that a landlord’s failure to install a promised second electric meter in a neighboring apartment, resulting in a tenant’s being stuck for the electricity charges for both apartments, did not violate the tenant’s rights under Maryland’s little FTC act. The court, explaining the statement’s criteria at length, reasoned that since the tenant continued to live there for over three years after learning of the utility situation, she could have reasonably avoided the injury by moving elsewhere. Therefore, one issue that would likely rise is "when did the tenant become aware, or suspect, the metering problem..... and did the tenant continue residency?"

 

[mdtenant]

I didn't think the utility company owed me anything. It wasn't improperly metered from their point of view.

I only learned (and got confirmation) of the problem in December and I moved in January.

In the case you found, it appears to me that the tenant was aware of the situation because the landlord had promised to install a second meter.

In my case, the landlord never disclosed it to me. Is that a material difference here? Can you tell me the case name/number of the case you mentioned? I would love to review it myself in preparation for court.

Also, I never found a statute that deals with this issue in the Maryland code section 8 that covers landlords and tenants. Does this fall under Maryland's FTC act?

 

[HomeGuru]

My opinion is that you have a good case provided you can prove that you were in fact paying for all the electricityi n the addition and not just your leased area.