Heat included?

[Cjaam6]

New Jersey,

My landlord has a post stating that the heat along with hot water was included in my rent. Here comes my pseg bill stating we owe 330 just for gas. I contacted the landlord and he now states that heat is NOT included. Now when I look at the lease is says “Tenant is responsible for gas and electric” where as further down it states the landlord would pay for “heat if, to the extent, is required by law” what exactly does this mean? Did I make a mistake?

 

[Zigner]

That quote is wildly out of context...

Based on what you've written, it seems that the LL will pay for heating, only if required by law.

 

[Cjaam6]

That quote is wildly out of context...

Based on what you've written, it seems that the LL will pay for heating, only if required by law.

So does that mean I need to pay the heat?

 

[PayrollHRGuy]

So does that mean I need to pay the heat?

First, find out if the landlord is required by local law (because it isn't required under state law) to provide heat. If he is, show him the law. If he isn't you only have to pay it if you want gas.

 

[Cjaam6]

Thank you very much for the info. This really helped. I’ll do my research now.

 

[PayrollHRGuy]

Happy to have helped.

 

[Cjaam6]

Now there’s a new issue. I told the landlord that the lease clearly stated that he would provide the heat. Now he’s saying since he technically is not the “leaser” that his mother is, that he would now have to
Null and void the lease and make a new one. What can I do?

 

[PayrollHRGuy]

Unless there is a law that requires him to provide heat the lease the lease said it was your cost. Did you find such a local law?

As for the rest, the LL was acting as an agent for the owner. When it comes time to pay your next rent, ask him for his mommy's address so you can send it to the actual lessor.

 

[Cjaam6]

Unless there is a law that requires him to provide heat the lease the lease said it was your cost. Did you find such a local law?

As for the rest, the LL was acting as an agent for the owner. When it comes time to pay your next rent, ask him for his mommy's address so you can send it to the actual lessor.

Well I believe I did. Local law states the landlords would provide heat up to at least 68 degrees from October first to April 30th. I’m assuming that’s what you mean. Not 100% sure about it either but that’s what I get when I google my local city along with “heat law” not sure if that helps.

 

[Zigner]

Well I believe I did. Local law states the landlords would provide heat up to at least 68 degrees from October first to April 30th. I’m assuming that’s what you mean. Not 100% sure about it either but that’s what I get when I google my local city along with “heat law” not sure if that helps.

The LL doesn't have to pay for it, just make it available. If your lease requires you to pay for it, then you pay for it. If you don't pay for it, then the LL would pay for it and evict you for a breach of the lease.

 

[PayrollHRGuy]

What is your city? Or how about you post the link that you found.

The state law requires that if the LL provides heat they must provide up to 68 degrees from 10/1-4/30.

 

[Cjaam6]

The LL doesn't have to pay for it, just make it available. If your lease requires you to pay for it, then you pay for it. If you don't pay for it, then the LL would pay for it and evict you for a breach of the lease.

What is your city? Or how about you post the link that you found.

The state law requires that if the LL provides heat they must provide up to 68 degrees from 10/1-4/30.

Bayonne NJ. Also it just doesn’t make sense. The lease says “supplies and pays for : Heat” you mean to tell me that means nothing at all. Because in my opinion that’s the stupidest thing I’ve ever heard. Not saying I don’t appreciate all the answers but seriously. This is ridiculous.

 

[Zigner]

If your lease is contradictory and has nothing else that would lead one to interpret it one way or the other, and if you take this to court, the courts would generally rule in favor of the person who did not write the contract (you.) You should probably have a local attorney review your lease.

 

[Cjaam6]

Thank you! I appreciate the help.

 

[PayrollHRGuy]

Bayonne NJ. Also it just doesn’t make sense. The lease says “supplies and pays for : Heat” you mean to tell me that means nothing at all. Because in my opinion that’s the stupidest thing I’ve ever heard. Not saying I don’t appreciate all the answers but seriously. This is ridiculous.

That is not what you wrote in your first thread. “heat if, to the extent, is required by law” Since you failed to show the complete sentence I can only assume, since it had previously stated that the tenant would be responsible for heat that that is a clause so the LL can use the same lease in multiple jurisdictions.

I can find no law in Bayonne that requires the LL to supply heat. Other than a law that mirrors the state law that requires at least a certain level of heat.