Checking accuracy of pass-through charges such as trash collection

[steve_w]

What is the name of your state? CA

I reside in an apartment complex where the landlord passes through to tenants certain monthly charges like trash collection. In the past I haven’t been concerned about this as the amount has been relatively stable over the years. However, I noted that in recent months the trash charges have been fluctuating wildly month-on-month. For example, sometimes it’s almost double (or even triple) the amount I paid the previous month and then it goes back to the normal monthly charge that I was accustomed to in the past before it shoots up again. How can I be sure that I’m paying the correct monthly trash charges or that the amount allocated to my apartment is accurate? As a tenant, do I have a right to see the monthly bills that the Landlord receives from the Trash Collection company and the calculations they use to determine the pass-through charge per apartment unit?

Thanks

Steve

 

[adjusterjack]

Your rights are in your lease. What does your lease say about these pass through charges? Quote it word for word.

If your lease just says you pay the charges then you have no "right" to see the bills, all you can do is "ask" to see them and "ask" how the charges are generated.

If the landlord won't cooperate you have the "right" to find another place to live when your lease comes up or, you can try to negotiate some sort of documentation of the charges for the next lease period.

 

[quincy]

The changes you see in the monthly charge could be due to the vacancy rate in the apartment complex. The more occupied apartments there are, the greater the number of residents to share the cost.

 

[FarmerJ]

Just before the first of the month have a number of tenants been moving out ( evidence being a lot more junk being left out at trash cans such as large furniture items ? you know , beds, couches , end tables dressers , stuffed chairs, kitchen type chairs , bags and bags of things being discarded ) SO one other place to check is to talk with tenants rights groups so you can learn if your state has written rules that regulate utility (s) that a landlord re bills for ( EG in my state if you have someone who pays you for the electricity they use via a sub meter then every month you must tell them in the statement what the master meters bill is ) So do some further research and see what you can learn as to possible rules about utilities they re bill for.

 

[quincy]

What is the name of your state? CA

I reside in an apartment complex where the landlord passes through to tenants certain monthly charges like trash collection. In the past I haven’t been concerned about this as the amount has been relatively stable over the years. However, I noted that in recent months the trash charges have been fluctuating wildly month-on-month. For example, sometimes it’s almost double (or even triple) the amount I paid the previous month and then it goes back to the normal monthly charge that I was accustomed to in the past before it shoots up again. How can I be sure that I’m paying the correct monthly trash charges or that the amount allocated to my apartment is accurate? As a tenant, do I have a right to see the monthly bills that the Landlord receives from the Trash Collection company and the calculations they use to determine the pass-through charge per apartment unit?

Thanks

Steve

Where in California do you live? Do you have, in addition to trash pickup, compost and recycling?

 

[FarmerJ]

Ohhhh and you did not tell us if garbage collections are organized by your city or if garbage collection is city wide contracted ? or just a local hauler ( your garbage can should say who the pick up company is or if its your city then the name of the city will be on the cans/ bins/ carts !

 

[steve_w]

Your rights are in your lease. What does your lease say about these pass through charges? Quote it word for word.

If your lease just says you pay the charges then you have no "right" to see the bills, all you can do is "ask" to see them and "ask" how the charges are generated.

If the landlord won't cooperate you have the "right" to find another place to live when your lease comes up or, you can try to negotiate some sort of documentation of the charges for the next lease period.

The lease states "Landlord will furnish and pay for all utilities reasonably used by Resident, except for the following: water, sewer and trash. Resident shall be responsible for all charges for utility services not furnished by Landlord and such utility shall be deemed to be additional rent hereunder".

 

[steve_w]

Ohhhh and you did not tell us if garbage collections are organized by your city or if garbage collection is city wide contracted ? or just a local hauler ( your garbage can should say who the pick up company is or if its your city then the name of the city will be on the cans/ bins/ carts !

The Landlord has contracted AUM (American Utility Management) to carry out the calculations for apportioning the costs per apartment and those charges are included as a separate item in the monthly rent billing. Waste Management is the company they have contracted to collect the trash.

 

[steve_w]

The lease states "Landlord will furnish and pay for all utilities reasonably used by Resident, except for the following: water, sewer and trash. Resident shall be responsible for all charges for utility services not furnished by Landlord and such utility shall be deemed to be additional rent hereunder".

Not sure if this is relevant (or makes any difference) but just wanted to mention that the apartment complex is subject to the LA Rent Stabilization Ordinance.

 

[quincy]

I know that you are not alone in your surprise at the increase in trash collection charges in California. The costs reflect the added cost of keeping your state "green" through recycling and composting waste. It is predicted that the costs of these services will eventually go down.

Utility costs that are separate from the rent would not be a rent control factor.

I don't know how your landlord will respond to a request to see the trash collection cost for the complex but it won't hurt to ask. Because the collection costs for the complex will be split among the tenants, and the number of units occupied at any one time will vary, you should reasonably expect fluctuations in your own monthly bill.

 

[LdiJ]

I know that you are not alone in your surprise at the increase in trash collection charges in California. The costs reflect the added cost of keeping your state "green" through recycling and composting waste. It is predicted that the costs of these services will eventually go down.

Utility costs that are separate from the rent would not be a rent control factor.

I don't know how your landlord will respond to a request to see the trash collection cost for the complex but it won't hurt to ask. Because the collection costs for the complex will be split among the tenants, and the number of units occupied at any one time will vary, you should reasonably expect fluctuations in your own monthly bill.

Its a reasonable theory that the fluctuations in the trash removal bill would vary due to the number of tenants at any one given time. However, it would also be a valid argument that that the costs should be divided between all of the apartments in the complex, with the landlord being responsible for the share of cost belonging to any vacant apartments.

 

[quincy]

The landlord is allowed to cover through tenant billing the costs of trash collection and utility costs.

The new law in California does limit rent increases to 5% plus rate of inflation, though.

steve_w does have the right to know how the shared utility costs are being figured (e g., per tenant, per unit, per occupied unit). The landlords I know figure shared costs (like common area heat/electricity/water) on a per tenant basis.

 

[FarmerJ]

Personally I have never cared for so called apportioning re billing methods for landlords to recover utility cost from tenants. I feel the unfair thing is that when a tenant is more responsible as to how they use water they are not rewarded with lower cost because they are paying for the neighbor who leaves kitchen faucet run over frozen meat to thaw it , they are paying for the neighbor who leaves bathtub faucet on a steady drip so kitty can drink fresh water, and neighbors who take extremely long showers and lastly when a utility is apportioned it would be interesting to see how the landlords use apportioning take into account for such as water / sewer used by the coin operated washers, Or water used by LL / main- caretakers to water bushes , ornamental plants ,grasses (where -when needed)

 

[LdiJ]

Personally I have never cared for so called apportioning re billing methods for landlords to recover utility cost from tenants. I feel the unfair thing is that when a tenant is more responsible as to how they use water they are not rewarded with lower cost because they are paying for the neighbor who leaves kitchen faucet run over frozen meat to thaw it , they are paying for the neighbor who leaves bathtub faucet on a steady drip so kitty can drink fresh water, and neighbors who take extremely long showers and lastly when a utility is apportioned it would be interesting to see how the landlords use apportioning take into account for such as water / sewer used by the coin operated washers, Or water used by LL / main- caretakers to water bushes , ornamental plants ,grasses (where -when needed)

I have never understood why landlords don't just recalculate their rent to allow for those things. That is what I am accustomed to in my area. The rent is just higher when the landlord pays utilities.

 

[quincy]

I am accustomed to having the tenants billed separately for their own utility costs. But that is because I rent houses and not apartments, so this is easy to do.

The landlords I know who own apartments and complexes leave it to the tenants in the apartments to set up their own utility service accounts (gas, electric, phone) and these apartments are then billed separately for their apartment uses. Common area utility and water usage costs and trash collection costs are split equally between all occupants (rather than by each apartment) so that an apartment with only one occupant is not unfairly paying a greater amount than an apartment with four occupants.

I have never heard of any landlord who shares the costs for trash collection or common area costs just because all units are not occupied. Unoccupied units do not generate trash or contribute to the common area costs.