Landlord wants reimbursment for bills never put in tenant's name

[MAT555]

What is the name of your state (only U.S. law)? New Jersey

I have rented the same 3-bedroom house - from the same landlord - for nearly 20 years... that's right- 20 years! I am an excellent tenant!
I always thought my landlord was a great guy too.... until it came time to notify him that after nearly 20 years we were ready to move on and move out.
I also receive rental assistance which pays approximately 75% of my monthly rent. However, this issue really isn't a rental assistance issue; it's a greedy (P.O'ed) landlord issue-

On our original lease agreement, one of the utilities checked off as TENANT'S RESPONSIBILITY is "sewer", among the usual utilities like water; electric; gas, etc. But the landlord never notified the sewerage authority in my town to switch this bill into MY (the tenant's) name, and didn't feel it was that big a deal to do it.
Year after year, with every lease renewal the check mark remained in the "sewer" box, but the landlord continued to receive the quarterly bill at his residence (about 15 miles away in another town), and pay the bill himself each time. He knew money was tight for us, and supposedly liked us as tenants, so didn't really see the need to switch it over. He would "remind me" every once in a while how he pays the sewer bill, (when he really didn't 'have to, you know') and I would thank him profusely and say how much I appreciated that, etc etc...

Now fast forward NINETEEN years later-- We are thinking about moving out; I told my landlord several months ago that we were not going to renew our lease this coming spring. I told him face to face that we had started hunting for a new rental, and had already seen several we were interested in.

In the beginning of December I sent him his official, legally required 30-day notice (certified mail) that we were moving out as of January 31st, 2010. That was much more than 30 days notice but I wanted to be as considerate as possible, plus I thought rental assistance paperwork would be best started as soon as possible.

Today I got a call from my case worker at Rental Assistance telling me that my landlord is not ready to "sign off" on his contract with them, until I make good on a past due sewage bill, that was "the tenant's responsibility" according to the original lease. The landlord is now asking for more than $3,000!!

Here's the deal, I don't believe the landlord has a single, spindly, legal leg to stand on, (he never switched the bill into my name - a request that MUST be made to the sewage authority ONLY by the home owner, not the tenant, and must be done IN WRITING) and the landlord knows that. We spoke about it many times over the years and verbally he acknowledged he was paying this bill as a "favor" to me, etc.
However, he CAN screw up my timing with Rental Assistance and the NEW contract they will be setting up with my NEW landlord! That is exactly what he's trying to do.
They can not work up a new contract with my new landlord until the old contract is signed off on and scheduled for cancellation. Well, He won't sign off because he wants $3000 + for the sewer bill! And according to rental assistance, they can only go by what is said on the original lease (and every lease renewal thereafter), so yes, it says sewer is to be the responsibility of the tenant...
But the landlord is failing to tell them that HE chose NOT to put that bill in my name and never EXPECTED me to pay it at all.

I have already given my NEW landlord 2 security deposits (quite a large sum of borrowed money!) to hold that house for me until rental assistance paperwork was done. But my old landlord can throw his monkey wrench into the deal and really screw that up for me! How can he get away with this??

CAN he get away with this??What is the name of your state (only U.S. law)?

 

[Zigner]

What is the name of your state (only U.S. law)? New Jersey

I have rented the same 3-bedroom house - from the same landlord - for nearly 20 years... that's right- 20 years! I am an excellent tenant!
I always thought my landlord was a great guy too.... until it came time to notify him that after nearly 20 years we were ready to move on and move out.
I also receive rental assistance which pays approximately 75% of my monthly rent. However, this issue really isn't a rental assistance issue; it's a greedy (P.O'ed) landlord issue-

On our original lease agreement, one of the utilities checked off as TENANT'S RESPONSIBILITY is "sewer", among the usual utilities like water; electric; gas, etc. But the landlord never notified the sewerage authority in my town to switch this bill into MY (the tenant's) name, and didn't feel it was that big a deal to do it.
Year after year, with every lease renewal the check mark remained in the "sewer" box, but the landlord continued to receive the quarterly bill at his residence (about 15 miles away in another town), and pay the bill himself each time. He knew money was tight for us, and supposedly liked us as tenants, so didn't really see the need to switch it over. He would "remind me" every once in a while how he pays the sewer bill, (when he really didn't 'have to, you know') and I would thank him profusely and say how much I appreciated that, etc etc...

Now fast forward NINETEEN years later-- We are thinking about moving out; I told my landlord several months ago that we were not going to renew our lease this coming spring. I told him face to face that we had started hunting for a new rental, and had already seen several we were interested in.

In the beginning of December I sent him his official, legally required 30-day notice (certified mail) that we were moving out as of January 31st, 2010. That was much more than 30 days notice but I wanted to be as considerate as possible, plus I thought rental assistance paperwork would be best started as soon as possible.

Today I got a call from my case worker at Rental Assistance telling me that my landlord is not ready to "sign off" on his contract with them, until I make good on a past due sewage bill, that was "the tenant's responsibility" according to the original lease. The landlord is now asking for more than $3,000!!

Here's the deal, I don't believe the landlord has a single, spindly, legal leg to stand on, (he never switched the bill into my name - a request that MUST be made to the sewage authority ONLY by the home owner, not the tenant, and must be done IN WRITING) and the landlord knows that. We spoke about it many times over the years and verbally he acknowledged he was paying this bill as a "favor" to me, etc.
However, he CAN screw up my timing with Rental Assistance and the NEW contract they will be setting up with my NEW landlord! That is exactly what he's trying to do.
They can not work up a new contract with my new landlord until the old contract is signed off on and scheduled for cancellation. Well, He won't sign off because he wants $3000 + for the sewer bill! And according to rental assistance, they can only go by what is said on the original lease (and every lease renewal thereafter), so yes, it says sewer is to be the responsibility of the tenant...
But the landlord is failing to tell them that HE chose NOT to put that bill in my name and never EXPECTED me to pay it at all.

I have already given my NEW landlord 2 security deposits (quite a large sum of borrowed money!) to hold that house for me until rental assistance paperwork was done. But my old landlord can throw his monkey wrench into the deal and really screw that up for me! How can he get away with this??

CAN he get away with this??What is the name of your state (only U.S. law)?

No problem - just don't use the rental assistance. ie: Find a place you can AFFORD.

Now, I know that you're not going to like that answer. However, you really seem to be stuck between a rock and a hard place.

 

[MAT555]

Would it help to know that my husband is a disabled vet, yet still works hard at a crappy minimum wage job for the last 18 years? Would it help to know that I also have health issues that prevent me from working myself- for only the last 3 years? We are not lazy people, nor scammers.

If I could AFFORD the rents in my area on my own without rental assistance, I would GLADLY forgo the hassles and intrusion into my personal and private life that a government agency like rental assistance entails; but thanks anyway for your thoughtful and compassionate response.

 

[Ozark_Sophist]

You owe some, but not all, the past due sewer charge. A quick search of New Jersey Statute of Limitations shows contracts have a 6 year SOL. Negotiate with landlord.

 

[MAT555]

You owe some, but not all, the past due sewer charge. A quick search of New Jersey Statute of Limitations shows contracts have a 6 year SOL. Negotiate with landlord.

Just to clarify, there are no past due bills or balances outstanding. I am not trying to move out with unpaid utilities. I paid all my utilities.
The landlord never switched the sewer billing to my name (or address) so I never saw a bill, never had a bill forwarded from him, and was never asked to pay any sewer bill in almost 20 years... until now. HE was paying his sewer bill when he got it, so there are no overdue balances or charges. He just wants to be reimbursed after the fact (19 years later) and without any agreement to such an arrangement!

 

[Ozark_Sophist]

Just to clarify, there are no past due bills or balances outstanding. I am not trying to move out with unpaid utilities. I paid all my utilities.
The landlord never switched the sewer billing to my name (or address) so I never saw a bill, never had a bill forwarded from him, and was never asked to pay any sewer bill in almost 20 years... until now. HE was paying his sewer bill when he got it, so there are no overdue balances or charges. He just wants to be reimbursed after the fact (19 years later) and without any agreement to such an arrangement!

You have a contract to pay the sewer bill. You did not pay the sewer bill. You owe for the sewer.

The only issue is how much you owe. Negotiate with the landlord.

 

[DeenaCA]

I'm assuming you're assisted under the housing choice voucher program.

If the housing authority declines to process your move until the current landlord "signs off", you should file a written request for an informal hearing. Although some housing agencies engage in this practice, it's contrary to HUD regulations at 24 Code of Federal Regulations 982.314 (Electronic Code of Federal Regulations:).

This practice was common under the older certificate program, which has been obsolete since 2001. Under the CURRENT regulations, the owner is expected to follow state landlord-tenant law in order to collect any amounts owed over and above the security deposit. This is specified in the landlord's contract with the housing authority ("HAP contract": http://www.hud.gov/offices/adm/hudclips/forms/files/52641.pdf). The current rules also protect the tenant's right to dispute the charges (generally in court). The housing authority is not supposed to hold up your move until you pay any amount the landlord might claim.

If your hearing request does not motivate the housing authority to process your move, contact the HUD field office. You can look yours up at Contact HUD:New Jersey.

 

[MAT555]

You have a contract to pay the sewer bill. You did not pay the sewer bill. You owe for the sewer.

The only issue is how much you owe. Negotiate with the landlord.

I see what you are saying... I don't agree, but I understand what you are saying.

Unfortunately there is no negotiating because time is crucial in this situation, and the landlord is all about avoiding calls and not replying to emails or snail mail.
His M O is to screw up my moving out plans so he can collect his rent for the next 6 months until my current lease is up. IMO - This really isn't about the $ at all.
If it was, he would have put that bill in my name 19 years ago...

 

[MAT555]

I'm assuming you're assisted under the housing choice voucher program.

If the housing authority declines to process your move until the current landlord "signs off", you should file a written request for an informal hearing. Although some housing agencies engage in this practice, it's contrary to HUD regulations at 24 Code of Federal Regulations 982.314 (Electronic Code of Federal Regulations:).

This practice was common under the older certificate program, which has been obsolete since 2001. Under the CURRENT regulations, the owner is expected to follow state landlord-tenant law in order to collect any amounts owed over and above the security deposit. This is specified in the landlord's contract with the housing authority ("HAP contract": http://www.hud.gov/offices/adm/hudclips/forms/files/52641.pdf). The current rules also protect the tenant's right to dispute the charges (generally in court). The housing authority is not supposed to hold up your move until you pay any amount the landlord might claim.

If your hearing request does not motivate the housing authority to process your move, contact the HUD field office. You can look yours up at Contact HUD:New Jersey.

Thank you so much for your information... I will look into those sites and rules ASAP.

Thanks again!

 

[BL]

His M O is to screw up my moving out plans so he can collect his rent for the next 6 months until my current lease is up. IMO - This really isn't about the $ at all.

In the beginning of December I sent him his official, legally required 30-day notice (certified mail) that we were moving out as of January 31st, 2010. That was much more than 30 days notice but I wanted to be as considerate as possible, plus I thought rental assistance paperwork would be best started as soon as possible.

Does your lease allow for termination this way , during the lease period ?

 

[MAT555]

Does your lease allow for termination this way , during the lease period ?

Absolutely! We are following both lease requirements AND rental assistance procedures to the letter.
A tenant is allowed to move out at any time during a lease year, (exceptions being the first year in a place, and if there was already a move out within the last 12 months prior).

We're doing it all by the book.

 

[Zigner]

Absolutely! We are following both lease requirements AND rental assistance procedures to the letter.
A tenant is allowed to move out at any time during a lease year, (exceptions being the first year in a place, and if there was already a move out within the last 12 months prior).

We're doing it all by the book.

Your 1-year term "lease" allows you to cancel it with 30 days notice?

 

[MAT555]

Your 1-year term "lease" allows you to cancel it with 30 days notice?

I think I answered that already. And in case you missed it, I've been living in the same rental home for almost 20 years! It is not a seat-of-the-pants decision to just "up and move out" on the landlord. He was informed well in advance of our plans and has been given proper LEGAL notice according to our lease agreement and Rental Assistance procedures.

Why are you focusing on the non-issues? This isn't about me breaking the lease or doing anything out of line. It's about my landlord coming up with a BOGUS reason to extort about 3400 dollars from me because he MAD we're moving out.

I need advice as to the legality of what HE is doing...
I'M not the one doing anything "questionable" by any legal standards or regulations...

 

[Zigner]

I think I answered that already. And in case you missed it, I've been living in the same rental home for almost 20 years! It is not a seat-of-the-pants decision to just "up and move out" on the landlord. He was informed well in advance of our plans and has been given proper LEGAL notice according to our lease agreement and Rental Assistance procedures.

Why are you focusing on the non-issues? This isn't about me breaking the lease or doing anything out of line. It's about my landlord coming up with a BOGUS reason to extort about 3400 dollars from me because he MAD we're moving out.

I need advice as to the legality of what HE is doing...
I'M not the one doing anything "questionable" by any legal standards or regulations...

No, you haven't. I don't believe that your 1-year "lease" has a 30-day notice requirement. I am asking for clarification.

But, hey, whatever floats your boat. Good luck.

 

[MAT555]

No, you haven't. I don't believe that your 1-year "lease" has a 30-day notice requirement. I am asking for clarification.

But, hey, whatever floats your boat. Good luck.

OK, I have a feeling this will fall upon deaf ears (eyes?) but I'll give it a shot...

When dealing with rental assistance a landlord is not bound by the "typical" lease arrangement with their tenant alone. The contract is a three-way agreement between Landlord, Tenant and Rental Assistance program -- in which both tenant and landlord are complying with some special rules, regulations and criteria in order to qualify and honor their respective parts in the contract.

One of the special rules is that a landlord can not bind a tenant to a lease agreement (after the initial year of leasing) without a very specific reason to do so; such as they owe back rent or other monies to the landlord or did not give adequate notice to move, etc.

If any tenant finds another place to rent -- that fits all the criteria and regulations to transfer their rental assistance -- they are free to leave their current rental unit at the end of a payment month, with sufficient prior notice, (at least 30-days) unless the landlord refuses to release them from the lease contract. BUT, like I said, there has to be a legitimate reason to do this... not some bogus pull it out of your butt reason like MY landlord tried.

The justification being that the landlord would not lose any money or rental time, because if they want to continue on with renting to RA people, there are plenty lined up just waiting for a decent place to move into, and they would place another appropriate family into that home within 30-60 days, as long as the unit passed inspection.

Rental assistance can not pay anyone under contract on a month to month basis, so to try and move to a new place ONLY during the last 30-60 days of a yearly lease is nearly impossible, especially if there are no already-approved-of rental units empty.

See? It's much more complicated than the usual landlord/tenant standard lease agreement situation. One has to deal with government paperwork, (most inefficient) red tape, silly regulations, and intrusion into nearly every aspect of (the tenant's) personal life. Is it worth it all?

Yes, for hard working poor folks like me it's worth it. Better than a cardboard box under the overpass somewhere.... For the landlord it's worth it too- their rent arrives ON TIME, every single month, direct deposit, and it costs them nothing to apply to be on the RA home rental list. Rental Assistance has rules and regulations that protect both the landlord and the tenant as well.

Thanks for wishing me luck. I have resolved all my issues with my landlord after a lengthy discussion on the phone and he is going to be releasing me from my lease within the next 24 hours. (he knew he was wrong all along! Soon as I threatened him with court to get my money back-- if he made me pay to get out of my lease-- he knew he was a goner...)