• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Utilities was in lease but landlord didnt pay

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

deering2263

Junior Member
What is the name of your state (only U.S. law)? NC my landlord included utilities in my lease..For 3 yrs. I paid my own utilities is my landlord responsible to pay me back.??
 


DeenaCA

Member
Is this under a HAP contract in the housing choice voucher program? I saw a similar Q earlier today but I could not log in.
 

DeenaCA

Member
The fact that this is a voucher tenancy probably puts you in a better position. The HAP contract is the HUD-required written contract between your landlord and the housing authority. As the tenant you are not a party to the HAP contract; the written contract between you and your landlord is the lease. You can review the terms of the HAP contract at http://portal.hud.gov/hudportal/documents/huddoc?id=52641.pdf.

Utility responsibilities of the landlord and the tenant are listed on page 3 of the HAP contract. This is supposed to reflect the terms of the lease. The tenant portion of rent is reduced to compensate for tenant-paid utilities. By certifying that some or all utilities are paid by the landlord and then charging the tenant for them, the landlord is collecting a higher assistance payment than the program allows. This is a breach of the HAP contract and could rise to the level of fraud.

I'd recommend that you contact your caseworker at the housing authority to report this issue. The landlord owes overpaid subsidy amounts to the housing authority. The housing authority may or may not be required to reimburse you for the overpaid tenant share of rent.

Is this an arrangement to which you agreed in order to persuade the landlord to rent to you? That would weaken your position. In any case the landlord should be reported to the housing authority to prevent financial abuse of subsequent tenants and the program.
 

deering2263

Junior Member
I was just told two different things ..First I was told that the Housing authority owes me the backpack due the fact that they.didn't realize utilities was supposed to be included but they allowed me to pay...Then I was told the landlord owes me the backpack..I'm really unclear on that..but one thing I do know is I didn't have access to the HAP contract ..So there was no way of me knowing until my lawyer gave me a copy..
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top