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No, I did Property Management for 10 years!!!! If the lease says the landlord pays, the landlord pays! HOWEVER, like you said they can change it, but they need your signature to do so.
A lease is a legal binding contract. Water is not a new thing when it comes to rentals! Some are submetered even in apartment complexes.
You read that it was included therefore, legally it is included, and they will have to live with it. However, this is going to cause conflict, and depending on the bill, you may made some agreement, that you will pay from hear on out, etc. If you feel you would rather not have the tension. But I personally would not sign ANYTHING and have them pay for it. If your water gets shut off you will have to deciede where to go from there.
You are kinda in a bad position, since you can't live without water! So you are going to have to get it turned on in your name if it gets shut off in the landlords... You can always put your rent in Escrow while you dispute, but you may have no water, and so unfortunatly as illegal as it is, you might have to pay it Cause I do agree a lawyer will be a lot. I am sure you would win, but in the mean time you will be paying for water and eventually get it back, but not sure if it is worth it?
If the water gets shut off and it is in the landlords name he will be in big trouble. I can't shut off someone's water even if they haven't paid rent in months. They won't need a lawyer, just one call to the city.
If your water gets shut off you will have to deciede where to go from there.
You are kinda in a bad position, since you can't live without water! So you are going to have to get it turned on in your name if it gets shut off in the landlords... You can always put your rent in Escrow while you dispute, but you may have no water
If you want to fight it, I think you can tell them that it's one thing to get a reputation for reneging on a lease THEY drafted; it's another to fail to provide basic services like water and sewer! Tell them that that sort of behavior will get them characterized as a slum lord, and that the local news media sometimes run stories about such people (and you will make sure that some media outlet, somewhere in your area, covers it!). They are also putting your family's health at risk for something that they are contractually obligated to deal with. In short, they need to take steps to ensure that your water continues to be provided while you continue to discuss this issue. If they don't they risk not only their own reputation, but they risk jeopardizing your families health, and all those things can cost them A LOT more than the lousy water bill!
Do they have more than one unit rented? If so, FIND OUT if the other tenants pay water, even if you need to knock on some doors. If they don't have other units, if they are "newbies" who are renting their first unit, tell them 1) it's customary for the LANDLORD to pay for water and 2) I realize you didn't intend it this way, but if that's the case then you need to keep a closer eye on whoever drafts your lease agreements, not to mention READ the **** thing BEFORE signing it. Consider this lease your learning experience; next time I'm sure you'll be more careful.
The part that confuses me is this~since the landlord's son was receiving the water bills from you for the past three months, why didn't he let you know sooner? Why wouldn't he have gotten in touch with you after you dropped the first one off and let you know that it's your responsibility?
What I rent is a condo. I rented it through an agent. He handles other condos in the complex, but not through the same owner. He said in his email today that the lawyer messed up all of the complex leases (for me and anyone else they got to rent a condo in this complex) and that water is not paid for by the associated as the lawyer had thought, and therefore I am actually supposed to be paying it.
The bill was coming to my condo, in my husband's name and in the name of the owner's son. Back when the first bill came-in June, I had called the owner, confused as to why we were receiving it, and that is when she told us to put it in her son's doorknob (he lives in this complex too). So then July's bill came and I did the same thing. Then August came, and I could see it was different print underneath so I opened it (which I figured I was allowed to because my husband's name was on it too), and that's how I saw that they were going to be shutting off the water on the 13th of Sept and that it has not yet been paid yet, and owed over $200 on it.
I called the water department and found out that as of the 24th, someone just paid it. But the agent is saying I have to continue on paying it. I feel like if I do this, what if they feel like later on saying "whoopsy, we only meant to write out a 1 year lease, not a 2 year leason, so you have to go..," or "whoops, the rent was supposed to go up after the first year, so even though you locked it in on your lease at the one price, we are going to have to change it".....but at hte same time, I don't want to get on their bad side, and then find any reason/lie to try to get me out. (pretending a neighbor complained about my dog, or something like that).
What should I do? I am happy I didn't have to pay the back balance, and I wasn't going to because it was not my fault it was late, but I don't know what to do about the future bills. They are going to be around $40-$60 a month, so you figure, for 2 years, it is an extra $1,100 I am spending if I calculate it to $50 a month, for the next 22 months.
What I rent is a condo. I rented it through an agent. He handles other condos in the complex, but not through the same owner. He said in his email today that the lawyer messed up all of the complex leases (for me and anyone else they got to rent a condo in this complex) and that water is not paid for by the associated as the lawyer had thought, and therefore I am actually supposed to be paying it.
The bill was coming to my condo, in my husband's name and in the name of the owner's son. Back when the first bill came-in June, I had called the owner, confused as to why we were receiving it, and that is when she told us to put it in her son's doorknob (he lives in this complex too). So then July's bill came and I did the same thing. Then August came, and I could see it was different print underneath so I opened it (which I figured I was allowed to because my husband's name was on it too), and that's how I saw that they were going to be shutting off the water on the 13th of Sept and that it has not yet been paid yet, and owed over $200 on it.
I called the water department and found out that as of the 24th, someone just paid it. But the agent is saying I have to continue on paying it. I feel like if I do this, what if they feel like later on saying "whoopsy, we only meant to write out a 1 year lease, not a 2 year leason, so you have to go..," or "whoops, the rent was supposed to go up after the first year, so even though you locked it in on your lease at the one price, we are going to have to change it".....but at hte same time, I don't want to get on their bad side, and then find any reason/lie to try to get me out. (pretending a neighbor complained about my dog, or something like that).
What should I do? I am happy I didn't have to pay the back balance, and I wasn't going to because it was not my fault it was late, but I don't know what to do about the future bills. They are going to be around $40-$60 a month, so you figure, for 2 years, it is an extra $1,100 I am spending if I calculate it to $50 a month, for the next 22 months.
What it comes down to is, are you happy with the current rent? Is it fair and what you would expect to pay maybe even lower then you would be willing to pay for the same place? If so, you can just pay the water and not worry about it.
You may want to sit down and get this all straitened out though and on paper so you are all on the same page. I don't think anyone is trying to pull a fast one or anything. Keep it civil and try to achieve a win, win deal.
What I rent is a condo. I rented it through an agent. He handles other condos in the complex, but not through the same owner. He said in his email today that the lawyer messed up all of the complex leases (for me and anyone else they got to rent a condo in this complex)
Couple of thoughts come to mind here: One, you should contact as many of these people as possible! Collectively, you have much more strength than individually. Collectively, you can negotiate a better deal. What I might do is make a counteroffer - offer to amend all the leases so that from January 1, 2007 on all water is paid by the tenants (as it was intended) but that until that time, they are going to have to share in the pain since it was THEIR lawyer who messed it up. Also, the OWNER told you to forward it to her son, meaning they acknowledge it was in his name and is his responsibility. Finally, why don't you suggest that to offset their loss (i.e., tenant not paying water until Jan 1, 2007 or whatever date you agree to), they withold a portion of their fee from the knuckleheaded lawyer who messed up the document. After all, it doesn't sound like they got what they paid for! If they still whine about their loss, that you need to pay, etc, remind them again "the lawyer may have made a drafting error but YOU signed this lease! Didn't you read your own lease??"
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I feel like if I do this, what if they feel like later on saying "whoopsy, we only meant to write out a 1 year lease, not a 2 year leason, so you have to go..," or "whoops, the rent was supposed to go up after the first year, so even though you locked it in on your lease at the one price, we are going to have to change it".....but at hte same time, I don't want to get on their bad side, and then find any reason/lie to try to get me out. (pretending a neighbor complained about my dog, or something like that).
I and others have already told you - your lease is a binding document! The only "whoops" that can change things is if you stupidly sign any lease amendments that you can't live with.
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What should I do?
It depends how much you want to fight this, how much the extra cost impacts your finances, and how much you care about your relationship with the landlord. As I said above, the FIRST thing you should do is meet with other tenants and see if it makes sense to approach this as a group. You could appoint one person as a negotiator. It should not be you.
Location: Kent Island, MD-->Crystal River, FL. next stop: New Smryna Beach : ]
27 posts, read 81,206 times
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Quote:
Originally Posted by mrshvo
I am in a situation in which I have a 2 year lease that I had signed in May. Today I just got word that they made a "mistake" when they created my lease. An utility that on the lease the landlord is supposed to pay, they are now saying "whoops" and that it is my responsibilty. Can they change a lease like that? Someone is saying "no, it's binding", and then someone else is saying yes, all they have to do now is create an amendement and make me sign it. Couldn't they then just change anything and everything in the lease, creating all kinds of different amendements? How is this possible?
In my home State of MD, I'm a Realtor, managed property for many years and my specialty is contract law and lease law in particular. NO! Whoops doesn't get it. The law does not condone whoops. Do not sign anything further. Your remedy is to go to the lower (District) court in your town and ask a judge to rule on the situation. Your written lease will take precedence over Whoops. Unfortunately, being on the wrong side of a Landlord could portend an unpleasant stay for the remainder of your lease but I feel that you are definately within your rights to not pay the utility.
That being said, do the right thing. Are other residents paying the utility?
I believe that a Judge would rule in your favor but is this the right thing to do? Is it an unexpected hardship or just a "general principles" thing?
Location: Kent Island, MD-->Crystal River, FL. next stop: New Smryna Beach : ]
27 posts, read 81,206 times
Reputation: 18
Ok, I've read through the other responses and I've seen enough. You don't need a lawyer to get a ruling on the matter over a simple mistake. Sheesh! Just sashshay on over to your local district courthouse and ask for a hearing and a ruling on whether or not the water bill is to be your responsibility. It might cost you all of $10. Now go to your local Board of Realtors and file a claim against the Realtor who screwed up your lease. Ask for $10,000 or more for his negligence. I am not kidding. Let HIM go after the lawyer who wrote the lease. Both were negligent and both should be responsible. Call your local board of Realtors and go after the agent.
That's what the Board of Realtors and The Florida Real Estate Commission is there for.
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Cause I do agree a lawyer will be a lot. I am sure you would win, but in the mean time you will be paying for water and eventually get it back, but not sure if it is worth it?
