Being Charged more Utilities than Lease States

[morgannegabby]

Canton, Georgia, United States

I signed a lease in July 2019. The lease included several sections in regards to charges that I would be paying along with my rent. One of those sections deals with water and wastewater. The section states that the tenant is to pay a FIXED amount of “x” through the lease term. Here is where my problem begins.
About 30 days ago, the leasing office contacted their residents and stated that they were changing utility companies and that we would be receiving paper bills for our utilities. The notice said nothing about a change in rates.
We got our bill today and were surprised to find that our rate had went up significantly. It is just two of us in the apartment. Before I move forward with fighting this, I want to be sure that this is actually illegal and that the apartment complex isn’t exploiting some sort of loophole? We addressed it with them today and they told us to call the utility company, but I did not sign a lease with the utility company, so I feel that is going to do little to no good.

 

[Gail in Georgia]

So your lease states a specific amount for water and sewer or are you stating that water utilities are included as part of the rent you are paying?

Gail

 

[FarmerJ]

I suggest you very carefully re read your lease to see if it includes any language that allows them to change any terms in the lease with notice or say if the lease made a written exception allowing them to change one thing such as utility billing. IF you find NO language in the lease that permits terms to be changed by them then I would suggest you make a copy of your current lease, and highlight say in yellow the part that spells out how much you are to pay for water and sewer and in a separate letter politely tell them you were not able to find the part of the lease that allow them to change the terms of the lease in anyway and would they please find the section of the lease that allows them to alter your current lease & its water and sewer charges and highlight that and send that copy back to you , that you would appreciate it. and plan on paying what the lease says you are supposed to . In the time being should you hear from your LL where they claim you owe more money you can again ask them to show you what part of the lease grants them the ability to change your lease before it is up for renewal! do not be surprised if they choose to not renew your lease. ( you are free to ask neighbors if they have the same wording in their leases and if if they are going to refuse to comply if their leases don't allow mid lease changes.

 

[LdiJ]

Canton, Georgia, United States

I signed a lease in July 2019. The lease included several sections in regards to charges that I would be paying along with my rent. One of those sections deals with water and wastewater. The section states that the tenant is to pay a FIXED amount of “x” through the lease term. Here is where my problem begins.
About 30 days ago, the leasing office contacted their residents and stated that they were changing utility companies and that we would be receiving paper bills for our utilities. The notice said nothing about a change in rates.
We got our bill today and were surprised to find that our rate had went up significantly. It is just two of us in the apartment. Before I move forward with fighting this, I want to be sure that this is actually illegal and that the apartment complex isn’t exploiting some sort of loophole? We addressed it with them today and they told us to call the utility company, but I did not sign a lease with the utility company, so I feel that is going to do little to no good.

Who is billing you? The landlord or the utility company?

 

[izzie02]

Does each unit have their own meters and are you being billed by the utility company/city for what you actually use? Or is the landlord sending you a bill for the utility?

 

[FarmerJ]

Izzie02 just so you know rarely will you find rentals where ALL cold water lines servicing a rental have sub meters installed, , its all about when a place was built. I saw some newer apartment buildings back in the 90s in Eau Claire WI that had submeters for each units cold line and since they had individual hot water heaters each tenant had to pay for its water and sewer charges based on actual use. Some cities will not allow more than one meter per structure so in older structures there are some LLs who have hired utility management firms to install micro sub meters for ALL hot and cold fixtures in each unit and then compile a bill for heated water (when hot water used to be included) and cold water use and sewer and then re bill the tenants on behalf of the LL , but even cheaper is where its allowed to apportion the master meters useage according to a formula say like based on sq footage & how many bedrooms a unit has and of course then you get tenants who always were more careful about not wasting water paying for the neighbor who is the shower queen of the north and take 30 min , 45 min , 60 minute showers,( one ofmy friends youngest daughter used to be in the shower stall until the hot water tank couldn't keep up and water became cold) so its likely a apportioning formula is used.

 

[izzie02]

Understand Farmer. Most older apartments that I have lived in heat (boiler for all apartments) and water was included in apartments, no separate bill for that. Only electricity was on your own meter and billed by utility company. I was trying question how the landlord justified the new, higher charges and how the billed amount was calculated. OP should question how the new higher amount was calculated for each unit since there is no separate meter for water/sewer. Also, since lease was signed with a set amount calculated (unless there is a clause giving LL the right to change the amount during lease) the LL may be stuck with was is stated in the lease until lease runs out.

 

[FarmerJ]

Since the lease the tenant (original poster) has sets the fee for water- sewer the LL can try to justify the higher charges until they turn blue in the face, the tenant doesn't have to agree to the new charges and can choose to do as I suggest with a copy of the lease and asking them to high light the part that permits them to change terms ( its a polite way of telling a LL to show they can do this or leave it alone (meaning wait until the lease is up for renewal and include the new changes in the new lease) I imagine some tenants in the building may choose to pay the change with out thinking about it , which is a valid choice )

 

[LdiJ]

Again, the question of who is billing for the utility is important. If its the landlord I agree with the above but if its the actual utility company then its more complicated.

 

[FarmerJ]

It would be interesting to see the OPs reply .