Utility Woes

[jayandmikey]

What is the name of your state (only U.S. law)? California

Two months ago I responded to an ad on Craigslist for a duplex for rent for $1200 including cable and utilities. After viewing the duplex, I decided to go for it. Upon signing the lease I saw a clause that read:

"Tenant shall be responsible for arranging for and paying for all utility services required on the Premises."

Since I adored the duplex, I decided to get it anyway. I soon found out that the two portions of the duplex were on the same meter, so I could not acquire my own utilities. My landlord lives in the top portion of the duplex, and at the end of the first month she sent a text message saying, "I cant afford to pick up ur utilities ….. Is in our agreement…If still don’t wanna pay 1/2 can gv u back ur $." This was news to me since we never spoke of, let alone agreed on, splitting the utilities.

I confronted her stating that it is not fair to split the utilities since there is twice as much space in her upstairs part of the duplex and there is no way of knowing how much of the power each party uses. I said that I would be happy to pay my utilities once the duplex was separated, that's the only way I could see it would be fair. Her reply is that she does not want to separate the power meters.

According to the language in the lease, does she have any right to make me split the utilities with her?What is the name of your state (only U.S. law)?

[Zigner]

Originally Posted by jayandmikey

What is the name of your state (only U.S. law)? California

Two months ago I responded to an ad on Craigslist for a duplex for rent for $1200 including cable and utilities. After viewing the duplex, I decided to go for it. Upon signing the lease I saw a clause that read:

"Tenant shall be responsible for arranging for and paying for all utility services required on the Premises."

Since I adored the duplex, I decided to get it anyway. I soon found out that the two portions of the duplex were on the same meter, so I could not acquire my own utilities. My landlord lives in the top portion of the duplex, and at the end of the first month she sent a text message saying, "I cant afford to pick up ur utilities ….. Is in our agreement…If still don’t wanna pay 1/2 can gv u back ur $." This was news to me since we never spoke of, let alone agreed on, splitting the utilities.

I confronted her stating that it is not fair to split the utilities since there is twice as much space in her upstairs part of the duplex and there is no way of knowing how much of the power each party uses. I said that I would be happy to pay my utilities once the duplex was separated, that's the only way I could see it would be fair. Her reply is that she does not want to separate the power meters.

According to the language in the lease, does she have any right to make me split the utilities with her?What is the name of your state (only U.S. law)?

Nope, absolutely not. She should be making you pay ALL of the utilities, as you agreed to do in the lease!

[jayandmikey]

You mean pay utilities for the top portion also? It is all one bill now.

We want to pay for the utilities we use. But how can we know what utilities we are using if it's all on one meter?

[debtcollector`]

Originally Posted by jayandmikey

You mean pay utilities for the top portion also? It is all one bill now.

We want to pay for the utilities we use. But how can we know what utilities we are using if it's all on one meter?

It doesn't matter. The lease you agreed to requires you to pay all utilities.

DC

[xylene]

Originally Posted by debtcollector`

It doesn't matter. The lease you agreed to requires you to pay all utilities.

But since the landlord is also breaching the lease by not providing for the tenant to acquire the utilities in their name... the arranging portion of the lease clause you are ignoring...

this needs to be hashed out in court - this lease or at least this provision is probably void or voidable.

[Zigner]

I'll bet that 50/50 is starting to look better now, huh?

For what it's worth, I'd be willing to be that your unit isn't "legal" in the first place. But, you knew that already, since you know that there's only one meter...

[DeenaCA]

From the CA DCA website ([url=http://www.dca.ca.gov/publications/landlordbook/before-rent.shtml#sharedutilitymeters):]California Tenants - California Department of Consumer Affairs[/url]

SHARED UTILITY METERS
Some buildings have a single gas or electric meter that serves more than one rental unit. In other buildings, a tenant's gas or electric meter may also measure gas or electricity used in a common area, such as the laundry room or the lobby. In situations like these, the landlord must disclose to you that utility meters are shared before you sign the rental agreement or lease. If you become a tenant, the landlord must reach an agreement with you about who will pay for the shared utilities.

The lease clause cited in post #1 doesn't appear to disclose that the meter is shared. Link to the DCA site for the CA Civil & PUC Code citations.

[xylene]

Originally Posted by Zigner

I'll bet that 50/50 is starting to look better now, huh?

For what it's worth, I'd be willing to be that your unit isn't "legal" in the first place. But, you knew that already, since you know that there's only one meter...

Non - separate utilities does not mean it is an illegal apartment.

"Tenant shall be responsible for arranging for and paying for all utility services required on the Premises."

OK - if the clause's "Premises" is interpreted so broadly as to include the ENTIRE building and not merely the rented unit (as would be logical)

and

If the landlord were fulfilling their element of the clause by having the tenant establish utility service in their own name. (ie sending them a copy of the bill is not good enough...)

The landlord either has to accept the need to divide the utilitiy service hook-up and there expense and suck it up until that is done or accept the de facto utes included condition.

[xylene]

Originally Posted by DeenaCA

From the CA DCA website ([url=http://www.dca.ca.gov/publications/landlordbook/before-rent.shtml#sharedutilitymeters):]California Tenants - California Department of Consumer Affairs[/url]



The lease clause cited in post #1 doesn't appear to disclose that the meter is shared. Link to the DCA site for the CA Civil & PUC Code citations.

Particularly since this meter is for more than a shared common area, it is for the landlords unit which the landlord has sole exclusive use...

[Who's Liable?]

LL doesn't want to separate the meters because it would cost upwards of $20K depending on the existing conditions.

[debtcollector`]

Originally Posted by xylene

But since the landlord is also breaching the lease by not providing for the tenant to acquire the utilities in their name... the arranging portion of the lease clause you are ignoring...

Didn't ignore it. The tenant failed to get the utilities changed over. Why she was unable isn't relevant now -- At the start of her lease it was. For the last two months, she has failed to pay anything and is complaining about having to pay half.

The agreement specifically calls for her to pay all the utilities. Perhaps the OP was dumb; perhaps the OP didn't read her agreement; perhaps it is an honest mistake or simply poor selection of words by the landlord. We don't know and we won't know.

I do know that jumping to a court battle over something as minor as having to for the power you use is a silly waste of time. Paying half the bill is a fantastic offer for the OP, especially when she could be evicted for failing to met the basic terms of the lease.

And jumping to court is sure fire way to be invited to relocate at the end of her lease term.

DC

[jayandmikey]

Actually, we have paid. The first agreement (verbal) was for us to pay $40 a month for electricity - and we did. She didn't have a figure for trash, water Then, the next month the landlord changed her mind and wanted $150. We are on a tight budget and cannot afford to continue paying more each month based on the whim of our landlord. Now she's threatening to take us to court over what she calls past due amounts. We have been asking her to put our utility obligation in writing since day one and she has refused, saying, "I won't try to screw you guys."

We are first time home renters, and we now know to check for things like shared electric meters (she advertized the place as its own residence) and to insist that every single dollar amount for payments we will be responsible for is in writing and in the lease.

Question: how can we be held accountable if the landlord refuses to either split the meter or take her name off the energy bill? We begged her to do both and she refused. Now, we just want out of the lease all together.