Over charged on rent

[hardenaz]

@hardenaz - I do have one more question: What type of "unit" is this (e.g. is this a room in a house, an apartment in a building, a detached house, etc.)?

Happy to answer. It’s a studio in a building.

 

[hardenaz]

She needs to talk to her landlord before doing anything else.

My worry is if I mention it now, the landlord may go behind my back and activate service then say I have cable television and therefore am no longer eligible for the refund.

To prevent this from happening I want the proof first, then my refund for the money I paid for a service I never had, then I wish to continue not to pay because I never wanted cable television service

 

[quincy]

My worry is if I mention it now, the landlord may go behind my back and activate service then say I have cable television and therefore am no longer eligible for the refund.

To prevent this from happening I want the proof first, then my refund for the money I paid for a service I never had, then I wish to continue not to pay because I never wanted cable television service

I suggest, as I sort of did previously, that you contact the cable company to see if service was put in your name at the start of your lease.

 

[Zigner]

I suggest, as I sort of did previously, that you contact the cable company to see if service was put in your name at the start of your lease.

Service doesn't have to be in his name for him to have "cable service".

 

[Zigner]

My worry is if I mention it now, the landlord may go behind my back and activate service then say I have cable television and therefore am no longer eligible for the refund.

You aren't eligible for a refund now. You have to give the LL an opportunity to rectify the problem. TALK TO YOUR LANDLORD.

 

[quincy]

Service doesn't have to be in his name for him to have "cable service".

True.

 

[Zigner]

My worry is if I mention it now, the landlord may go behind my back and activate service then say I have cable television and therefore am no longer eligible for the refund.

To prevent this from happening I want the proof first, then my refund for the money I paid for a service I never had, then I wish to continue not to pay because I never wanted cable television service

Let me try an example to see if it helps you understand:

Let's say that there is a fitness center in the building. You pay an extra $50 per month to use that fitness center. Well, for whatever reason, you don't get around to trying it until you have lived there for three months, but when you do try to use it you find that your key doesn't fit the lock. Your remedy is to get a key that works, not to be refunded for the three months that you didn't even try to use the service.

 

[LdiJ]

My worry is if I mention it now, the landlord may go behind my back and activate service then say I have cable television and therefore am no longer eligible for the refund.

To prevent this from happening I want the proof first, then my refund for the money I paid for a service I never had, then I wish to continue not to pay because I never wanted cable television service

Ok, here is the deal. The landlord has every right to have your cable service activated instead of refunding you the money and allowing you to not have cable. That is really your only remedy under the law. It is not his fault that it took you several months to discover that the cable wasn't turned on in your unit. Now, you might be able to get a refund for the months that you did not have service, but that doesn't let you out of things on an ongoing basis.

I understand that you don't want cable and were hoping that this was your way to get out of it, but unless the landlord voluntarily agrees, its not going to happen that way.

 

[Zigner]

Now, you might be able to get a refund for the months that you did not have service, but that doesn't let you out of things on an ongoing basis.

To be clear - this would be on a voluntary basis and he will need to negotiate with the LL.

 

[FarmerJ]

ask your cable company if CATV in your area will work with out a brain box , i say this because it sure seems to me the LL may have in the past used splitters to allow others to use the service to help reduce the cost of what he paid to CATV company. more than 21 years ago when I lived in minneapolis cable tv with out a brain box was 39.95 a month for basic cable so the dollar amount is what drove me to ask the above question. ( im going to lay odds that the catv company does not allow customers to re sell its services to anyone else and if thats the case the LL cant fairly enforce that separate fee and i doubt the court would reward the LL for that, so again ask this catv company if the service will work with out a brain box and if they tell you yes then ask them how much the most basic service cost per month.

 

[hardenaz]

ask your cable company if CATV in your area will work with out a brain box , i say this because it sure seems to me the LL may have in the past used splitters to allow others to use the service to help reduce the cost of what he paid to CATV company. more than 21 years ago when I lived in minneapolis cable tv with out a brain box was 39.95 a month for basic cable so the dollar amount is what drove me to ask the above question. ( im going to lay odds that the catv company does not allow customers to re sell its services to anyone else and if thats the case the LL cant fairly enforce that separate fee and i doubt the court would reward the LL for that, so again ask this catv company if the service will work with out a brain box and if they tell you yes then ask them how much the most basic service cost per month.

I called the cable company and they said it would work without a brain box and the price for the most basic service is $45. They said that the building is in contract with the cable company and not supposed to charge me for cable television if I request it. It was supposed to be part of the rent, not a separate charge in addition to the rent.

I also noticed that since I qualified as low-income, the tier I fall under should have my rent at 456.00 (1/3 of my social security at 1400.00 per month). Instead I am being charged 786.00 for the studio. Do you think this may be a reason he may not want it to go to court for the cable issue if it comes to that? Also, verbally he said that cable is required for the rent, but the lease specifically states that failure to pay the cable can result in the landlord disconnecting the service (which is what I want anyway).

 

[Zigner]

I called the cable company and they said it would work without a brain box and the price for the most basic service is $45. They said that the building is in contract with the cable company and not supposed to charge me for cable television if I request it. It was supposed to be part of the rent, not a separate charge in addition to the rent.

That's between him and the cable company. It has no direct bearing on you.

I also noticed that since I qualified as low-income, the tier I fall under should have my rent at 456.00 (1/3 of my social security at 1400.00 per month). Instead I am being charged 786.00 for the studio.

Did you apply as part of a program that provides for that?

Do you think this may be a reason he may not want it to go to court for the cable issue if it comes to that?

How could we even guess?

Also, verbally he said that cable is required for the rent, but the lease specifically states that failure to pay the cable can result in the landlord disconnecting the service (which is what I want anyway).

Well, there you go.

 

[quincy]

I called the cable company and they said it would work without a brain box and the price for the most basic service is $45. They said that the building is in contract with the cable company and not supposed to charge me for cable television if I request it. It was supposed to be part of the rent, not a separate charge in addition to the rent.

I also noticed that since I qualified as low-income, the tier I fall under should have my rent at 456.00 (1/3 of my social security at 1400.00 per month). Instead I am being charged 786.00 for the studio. Do you think this may be a reason he may not want it to go to court for the cable issue if it comes to that? Also, verbally he said that cable is required for the rent, but the lease specifically states that failure to pay the cable can result in the landlord disconnecting the service (which is what I want anyway).

I am glad you contacted the cable company. I think you need to have your lease and cable addendum personally reviewed by an attorney in your area. You should find a landlord/tenant clinic in your area that offers low-or-no cost legal assistance to low income individuals.

 

[Zigner]

I am glad you contacted the cable company. I think you need to have your lease and cable addendum personally reviewed by an attorney in your area. You should find a landlord/tenant clinic in your area that offers low-or-no cost legal assistance to low income individuals.

$90 now.
-or-
$360 for the year.

Just sayin'

 

[quincy]

$90 now.
-or-
$360 for the year.

Just sayin'

Speaking to the landlord is what will be required eventually but it does not hurt to be armed with information when asking the landlord for a refund or elimination of the cable fees going forward or a reduction in rent.