Can I break my lease in texas because of wrong billed utilities

[gtp_alamo]

What is the name of your state (only U.S. law)? Texas
I am in an apartment complex, my utility bills over the past months have been skyrocketing. The billing is done by a separate billing company and the apartment keep directing me to them to resolve billing issues.

My bills used to come in at around $110~$120 now they are in the $200+ range. The apartment office and billing co attributed this to the high temperatures we've had in summer.

I paid the first abnormal bill and since then I have been taking snapshots with my phone of the meter at a periodic interval. Indeed on all subsequent bills I noticed discrepancies between the start and end readings, on calling the billing co they confirmed their person 'reads' the meters. I then laid out my figures that I had proof of and they said they would investigate and would need to work with my apt office. Later my apt office guys came and gave me a reduced bill (they gave some explanation that they couldnt confirm anything and so they averaged it out). I paid this bill thinking the matter settled. When again I received a bill that again had wrong readings. I had lapsed in taking snapshots (since I thought the matter closed) however I went immediately and took a few snapshots and had some pics of the meter readings within a few days of the start and end dates listed in the new bill. I noticed the start end dates did not reflect my current meter reading, and did not even fall in the range that I had. I called the billing company again, the rep transfered me to the same rep who I talked to the first time. He was apologetic and told me he would need to get with my apt office. Well few days later the apt folks come around and give me a bill that's reduced by $60. However this time I didn't stop taking snapshots. Sure enough I got my new bill yesterday and it's off again. I am just ticked off and I want to move to another apartment. My lease agreement prevents me from breaking my lease or I will be responsible for all the remaining rent for the lease term, and I have to pay a reletting charge. I did see one clause where in if I made a complaint that wasnt addressed in a reasonable time I could break the lease, however I would have to complain twice (if i had mailed a complaint with a delivery receipt and it wasn't taken care of I could break lease with just that complaint). The proof I have are my last two billing receipts, and the images on my cell phone.

So with this can I break the lease or do I need to do something more ?

Thanks in advance.What is the name of your state (only U.S. law)?

 

[Banned_Princess]

What is the name of your state (only U.S. law)? Texas
I am in an apartment complex, my utility bills over the past months have been skyrocketing. The billing is done by a separate billing company and the apartment keep directing me to them to resolve billing issues.

My bills used to come in at around $110~$120 now they are in the $200+ range. The apartment office and billing co attributed this to the high temperatures we've had in summer.

I paid the first abnormal bill and since then I have been taking snapshots with my phone of the meter at a periodic interval. Indeed on all subsequent bills I noticed discrepancies between the start and end readings, on calling the billing co they confirmed their person 'reads' the meters. I then laid out my figures that I had proof of and they said they would investigate and would need to work with my apt office. Later my apt office guys came and gave me a reduced bill (they gave some explanation that they couldnt confirm anything and so they averaged it out). I paid this bill thinking the matter settled. When again I received a bill that again had wrong readings. I had lapsed in taking snapshots (since I thought the matter closed) however I went immediately and took a few snapshots and had some pics of the meter readings within a few days of the start and end dates listed in the new bill. I noticed the start end dates did not reflect my current meter reading, and did not even fall in the range that I had. I called the billing company again, the rep transfered me to the same rep who I talked to the first time. He was apologetic and told me he would need to get with my apt office. Well few days later the apt folks come around and give me a bill that's reduced by $60. However this time I didn't stop taking snapshots. Sure enough I got my new bill yesterday and it's off again. I am just ticked off and I want to move to another apartment. My lease agreement prevents me from breaking my lease or I will be responsible for all the remaining rent for the lease term, and I have to pay a reletting charge. I did see one clause where in if I made a complaint that wasnt addressed in a reasonable time I could break the lease, however I would have to complain twice (if i had mailed a complaint with a delivery receipt and it wasn't taken care of I could break lease with just that complaint). The proof I have are my last two billing receipts, and the images on my cell phone.

So with this can I break the lease or do I need to do something more ?

Thanks in advance.What is the name of your state (only U.S. law)?

I am sorry you are having trouble with your electric company.

No you can not break your lease legally with no financial repercussions.

 

[JETX]

So with this can I break the lease

No.

or do I need to do something more?

Most utility company's do NOT read the meter every month... they do an estimate and periodically (3 months or so) read the meter then balance the usage. And yes, electric bills are high in the Texas summer heat.
It is not unusual for it to double in the summer from the rest of the year.

You don't say where you are in Texas, but a lot of the utility company's will accept YOUR readings (and just verify it as they normally read). I suggest you read your own meter every week or so and WRITE down the numbers then contact the company with your numbers.

 

[gtp_alamo]

Thanks all for your replies.

@JETX and @Banned_Princess

I am in San Antonio and its not the electric company rather its the billing company Sierra Utility Billing Services, that my apartment uses.

So I have been tracking meter readings on a mostly daily basis over the course of the last three months. It's not like there is a small discrepancy it's more like they're reading some other meter and not mine.

I've put down entries for a couple of months contrasting my records vs the billing company. Hope this makes my situation clearer.

Thanks again for your inputs


Here's the bill for Oct with meter readings and cost
per bill .
09/04 start 75153 10/04 end 76427 units consumed 1274

per my readings
08/27 start 78078 10/05 79061 units consumed 983
------------------------------------------
Here's bill for Sep
per bill
08/05 start 72915 09/04 75153 units 2238

per my reading
08/06 start 77149 08/27 78078 units 929 +(9*44)= 1325 units consumed

**because my start and end readings for this month fall in their range I am off by 9 days ...averaging to get my daily usage i get 44 units a day

(note i stopped taking readings -since i thought this was resolved ...however my next reading was on 9/29 78932..if i did the math with even this figure i'd come in less than the total consumption for the month on their bill ..quantitatively speaking ;-)

 

[JETX]

Hmmmm... You will have to determine if your bill is determined by 'occupancy' or submeter.
Sierra Billing - Resident Services - Calculation

 

[zkenyon]

Not really

I know in California, if you break a lease you are only responsible for paying rent equal to the amount lost which the landlord could not have reasonably avoided. I suspect there is similar legislature in Texas. With vacancy as low as it is, it shouldn't be difficult to find someone to take over your lease. just list the place on craigslist, send the replies to the landlord and you will almost certainly not be liable for more than a month's rent maybe none at all if you time it right, if I am correct in my assumption that you want to break the lease and are looking for a way out.

But the technical answer to your question is no.

 

[JETX]

I know in California, if you break a lease you are only responsible for paying rent equal to the amount lost which the landlord could not have reasonably avoided.

And of course, that is NOT correct.... and wouldn't apply even if it was (since the OP is NOT in California!!).

A tenant who breaches his lease COULD be liable for lots of things.... damages, lost rent, late fees/penalties, etc.

I suspect there is similar legislature in Texas.

And as expected.... your 'suspicion' is NOT correct.

With vacancy as low as it is, it shouldn't be difficult to find someone to take over your lease.

What a stupid thing to say.

just list the place on craigslist, send the replies to the landlord and you will almost certainly not be liable for more than a month's rent maybe none at all if you time it right, if I am correct in my assumption that you want to break the lease and are looking for a way out.

More crap. First, do you really think that 'craigslist' is a successful way to lease a property?? It isn't.
Second, any 'possible' tenant would have to be QUALIFIED and WILLING to lease the property to even suggest being used as a replacement. Simply giving the landlord a list of names and phone numbers of POSSIBLE tenants and then having the landlord interview and qualify to find one (if it exists) does NOTHING to meet the 'replace your breach' obligation.


But the technical answer to your question is no.[/QUOTE]