Electric bill, Who pays?

[ajfarms1]

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


I have been leasing some property to hunt on for six years. During the fifth year I learned that the landowners ranchhand was using electricity when we were not there. I paid the bill for that year and leased for the sixth year. After the sixth year the landowner went up on the lease so I chose to leave. I offered to pay for what electric we had used and he refused. He is now suing me in small claims. We do have a written contract and it has one paragraph on electric.


4. Lessor will provide electric service to campsite. Lessee's will reimburse
Lessor for actual KWH usage.

Am I gonna have to pay for the stolen electricity, or should I sue the landowner for a refund of past years overpayments?What is the name of your state (only U.S. law)?

 

[swalsh411]

How do you intend to prove how much you used vs. total bill? Or better yet how much this ranchhand supposedly used? Do you have bill copies for each month so you can show that electricity was used when you weren't there?

 

[ajfarms1]

I have annual statements with a monthly breakdown. The 7 months we are not on the ranch the bill would average 40-50 dollars a month. We did have a freezer that stayed on, nothing else. I thought that 40-50 was a little much for a freezer but never questioned it.

 

[swalsh411]

I don't see how you have any recourse against the LL. By paying at the time you were agreeing that you used that electricity. You may also have an SoL issue. I doubt you can go back 6 years. Best case you're looking at a couple hundred bucks.

 

[ajfarms1]

LL admits to having his hand use our elect. There is a water well at the camp and the LL would have his hand run water into a nearby pond. I have been told there is a 4 yr sol on contracts.

 

[Zigner]

$40-$50 per month for an old freezer is NOT out of line.

 

[ajfarms1]

40-50 a month is the average. Some months near the min. (18) and some months in excess of 100. If some months are near the min. that speaks for the freezer.