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We didn't realize there was a crack in the tank until after it was filled. There is lots of fault here, the company who filled the tank shouldn't have done so in the first place because of the crack.
The past two winters we have only ordered 100+ gallons of oil and that has sufficed. But this time the entire thing was filled with 200+ gallons, but regardless, we contacted the oil company multiple times and they don't have a way to calculate how much oil we might have used.
It is also difficult to say how much we "used" in the 28 days before it was removed, because whose to say how much was "leaked" and how much was used. This was between November 15th and december 12th (not the coldest time of year, and we leave the thermastate at 60).
I have been told by a couple of real estate agents and housing advisors that based on the series of events, it would be fine to just deduct it from the rent.
Plus, our landlord is kinda lazy and i doubt they would actually go through the process of trying to evict us. AND if they deposit the reduced rent checks, it is understood as an agreement.
I have been told by a couple of real estate agents and housing advisors that based on the series of events, it would be fine to just deduct it from the rent.
Plus, our landlord is kinda lazy and i doubt they would actually go through the process of trying to evict us. AND if they deposit the reduced rent checks, it is understood as an agreement.
Bad idea. You and the landlord haven't come to an agreement as to how much credit you should get. Are you going to reduct $900 or what the landlord told you ($500). If you agree with the $500, get in writing that you are applying the $500 credit to rent.
To be honest, we probably only used $125.00 of oil in that 28 day period. This is an estimation, which I realize is not a solid figure, but we are suspicious that it has been so difficult to simply get the name of the company who took the oil away. We feel we are being swindled. If we can't find the information about the company who took the oil away, then we will probably threaten the LL with a Small Claim suit. We don't want to go to small claims and they don't either. We have more then enough evidence to justify how much money we are owed.
To be honest, we probably only used $125.00 of oil in that 28 day period. This is an estimation, which I realize is not a solid figure, but we are suspicious that it has been so difficult to simply get the name of the company who took the oil away. We feel we are being swindled. If we can't find the information about the company who took the oil away, then we will probably threaten the LL with a Small Claim suit. We don't want to go to small claims and they don't either. We have more then enough evidence to justify how much money we are owed.
We have automatic delivery.The oil supplier using degree days should be able to come close to the amount of oil that was used for heating.When was the leak discovered? Who discovered it?
A lot of deciding to go to court or not might depend on where you live. As a former landlord I have been to small claims court in Delaware a "few" times. They are friendly and easy to deal with without a lawyer. However the times I had to go to court in Wicomico County,Maryland were no fun.
Please keep us posted.
Removing an oil tank in a legal manner is a lengthy process, you don't just have it removed in a hurry. I'm saying the LL knew weeks in advance it was going to be removed, and should have kept you in the loop. It was your oil, you should have had the option to have it removed and been able to recover some of the cost.
To remove a tank, leaking or not, you have to have a licensed company do soil tests before removal. The samples are submitted for testing to determine the about of leakage, if any, and that takes weeks. There is a lot of red tape involved which takes time, it didn't happen quickly. Abandoning or removing a tank legally is time consuming because you must follow strict federal regulations or face heavy fines.. If he just had someone with a backhoe rip it out and dispose of it, he will be spending some time in jail and paying a heavy fine.
On the other hand, you are talking about $400.00 dollars difference, is it worth going to small claims court for $400.00? If you say yes, it's because you have never been to small claims court before. It isn't like TV, you don't just pay a few bucks and have Judge Judy solve all your problems. It isn't that easy.
It requires paying fees, and time going to court. First thing that happens when you get to court, the judge will require to to go to mediation, which you already discovered didn't get you very far. You go into a room with the LL, you show each other your evidence, and hopefully come to a decision. You're correct, the mediator isn't much help. They aren't suppose to be, they are there to listen and keep you from killing each other, not make any decisions. It's up to you and the LL to work it out. If you can't come to a conclusion, then you will be appointed a court date. Another lost day and more expenses.
I always get a kick out of hearing everyone say, "Just go to small claims court", like it's easy and will solve all of your problems. I've been many times, and even when you win, you lose..
Being a LL myself, and hearing your story, I say your LL is wrong and should have gone out of his way to work with you. Good renters are hard to find!! That is, IF you're a good renter..
Good luck...
Just heard from a broker who works with/for our landlord.
He wasn't able to difinitivly tell me the name of the oil removal company, but did say that we had used about 55 gallons of oil before it was removed. Its more then I truly think, (55 gallons, $219. for a relatively small apartment in 28 days?)but its fine, whatever. Now I just need to get this in writing. We will be deducting it from our rent, because our LL previously told our mediator that we could do so.
And by the way, we are good renters. We have gone to so much trouble trying to figure this our legally, after our LL essentially stole our property.
No there was no oil in the tank when I moved in in September. I was friends witht he people who lived there for the past 3 years and they only needed 100 gallons to get through winter.
No there was no oil in the tank when I moved in in September. I was friends witht he people who lived there for the past 3 years and they only needed 100 gallons to get through winter.
So you just moved into this apartment in September? So when you posted earlier.
Quote:
The past two winters we have only ordered 100+ gallons of oil and that has sufficed. But this time the entire thing was filled with 200+ gallons, but regardless, we contacted the oil company multiple times and they don't have a way to calculate how much oil we might have used.
Its complicated so I just said that for convience.
My friends have lived there for the past 3 years, during those winters they only ordered 100 gallons each winter, and I have a record from the oil company to prove it. Then I officially moved in in September.
So it is true. Not sure why your questioning this?
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As a former landlord I have been to small claims court in Delaware a "few" times. They are friendly and easy to deal with without a lawyer. However the times I had to go to court in Wicomico County,Maryland were no fun.
