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Old 01-30-2014, 10:08 AM
 
13 posts, read 16,766 times
Reputation: 16

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So it a very long story, so I will make it short.

I am a renter, my landlord removed our oil tank used to heat our house and replaced it with a gas unit.
The tank she had tanken away had A LOT of oil in it, oil we ordered and paid for. She did not tell us before hand that she was going to do this.
So needless to say, this has created a lot of issues as we still have a bill from the oil company for $900 of oil (that is gone).

I found out that the guy who was asked to facilitiate the tank removal got a company (from NH) who would remove that tank for free.

What does this mean? Does the company keep the oil inside, or scrape the metal? Is this legal? I don't think there is a record of anything, including how much oil might have been in the tank.

How does Free Tank Removal work?
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Old 01-30-2014, 03:47 PM
 
Location: Riverside Ca
22,146 posts, read 33,381,488 times
Reputation: 35433
Well free. Means just that. They probably recycle/reuse the fuel oil for whatever maybe resell it? And they probably scrap the metal tank. I took a truck load of old service panels to the scrap yard and got 3500 bucks for the metal, cooper and brass. Granted it was bulk price I would of gotten more if I took the time to separate the metals.
It works no differently than those guys on Craiglist who pick up your unwanted appliances or cars. They just sell it to a recycler or flip them by repairing or orating them out. Main thing is the property owner doesn't pay anything out of pocket.
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Old 01-30-2014, 04:24 PM
 
Location: Silicon Valley
18,813 posts, read 32,382,398 times
Reputation: 38573
Sounds to me like the LL owes you money for the oil. You can probably figure out how much was in it by when you got it filled, then figuring your average usage.
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Old 01-31-2014, 08:29 AM
 
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
44,340 posts, read 80,658,912 times
Reputation: 57351
Free removal means $ for the scrap metal, and if they are lucky, more $ for the leftover oil. They wouldn't do it free if there wasn't a nice profit to be made. Have you contacted your oil provider to ask if they will pump it out and give you some kind of partial refund?
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Old 01-31-2014, 08:46 AM
 
Location: Mount Laurel
4,187 posts, read 11,898,723 times
Reputation: 3513
Quote:
Originally Posted by NoMoreSnowForMe View Post
Sounds to me like the LL owes you money for the oil. You can probably figure out how much was in it by when you got it filled, then figuring your average usage.
OP started a long thread in this issue.

Just to summarize.

OP filled tank in the tune of $900
1 month later, tank removed
LL only wants to credit $500 to OP
OP don't agree, feel only $100 is used
OP wants to deduct $800 from rent instead of $500
OP has not been in rental unit long enough to figure out average usage.


I guess OP wants some sort of invoice from removal company to see how much oil they took.
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Old 01-31-2014, 10:08 AM
 
Location: Silicon Valley
18,813 posts, read 32,382,398 times
Reputation: 38573
Quote:
Originally Posted by sj08054 View Post
OP started a long thread in this issue.

Just to summarize.

OP filled tank in the tune of $900
1 month later, tank removed
LL only wants to credit $500 to OP
OP don't agree, feel only $100 is used
OP wants to deduct $800 from rent instead of $500
OP has not been in rental unit long enough to figure out average usage.


I guess OP wants some sort of invoice from removal company to see how much oil they took.
Ahhh! The missing pieces. Thank you!

Well, it seems to me that it should be on the LL to prove how much was in the tank. Basically, this is theft, IMO. I think the OP should sue him in small claims court for $800. Once the LL gets the summons, he'll probably settle out of court, anyway. If not, he'll have to prove to the judge how much oil was in that tank, or what the normal usage has been, etc. Put the burden of proof on the person it belongs to.
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Old 01-31-2014, 11:32 AM
 
Location: Mount Laurel
4,187 posts, read 11,898,723 times
Reputation: 3513
Quote:
Originally Posted by NoMoreSnowForMe View Post
Ahhh! The missing pieces. Thank you!

Well, it seems to me that it should be on the LL to prove how much was in the tank. Basically, this is theft, IMO. I think the OP should sue him in small claims court for $800. Once the LL gets the summons, he'll probably settle out of court, anyway. If not, he'll have to prove to the judge how much oil was in that tank, or what the normal usage has been, etc. Put the burden of proof on the person it belongs to.
Agreed. Others have suggest to OP to take LL to court. For whatever reason, OP wants to just deduct what OP feels is appropriate from rent instead. There are probably a lot more to this. If I was in OP's shoes, a report would have been filed already on the missing oil.
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Old 01-31-2014, 12:50 PM
 
8,076 posts, read 10,035,259 times
Reputation: 22658
BTW, in some states, there is quite a lengthy process involved in removing an oil tank. Was this tank above ground, or in the ground?

I don't know about above ground--probably a LOT less.

For in ground, the tank needs to be uncovered, and the EPA has to come out and review the situation. Once they have done their documentation and determined that there is no leakage, the tank removal company can come out and open the tank, remove the oil --which they re-sell in some form--used or fresh, and CLEAN the inside of the tank. Once this is done, the EPA comes back and certifies that the tank is clean and can be removed. The company that removes it might get the tank for scrap (it is useless as a tank because it has had a hole cut in it sufficient to allow a person to get inside to do the cleaning).

I was the owner, and got a 'price' for the 'used' oil. OP, you should get such a 'price' as well. Normally you remove the tank after the heating season and you have drawn down the tank to minimal levels. Sounds to me OP like you are being cheated, and not treated particularly well by the landlord. I would press for a better deal--and better treatment as a tenant.
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Old 01-31-2014, 01:25 PM
 
Location: Needham, MA
8,541 posts, read 13,961,275 times
Reputation: 7921
Quote:
Originally Posted by Ted Bear View Post
BTW, in some states, there is quite a lengthy process involved in removing an oil tank. Was this tank above ground, or in the ground?
I believe the OP lives up here in New England. So, it's most likely the tank was in their basement. Sometimes I see them in a garage, but that's more rare. It's highly unusual to see them outside and having an underground oil tank has been illegal in MA for quite some time. It's pretty rare that I even hear about an abandoned underground oil tank being found forget about an in use buried tank.
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Old 02-01-2014, 08:39 AM
 
3,433 posts, read 5,733,097 times
Reputation: 5471
Quote:
Originally Posted by MikePRU View Post
I believe the OP lives up here in New England. So, it's most likely the tank was in their basement. Sometimes I see them in a garage, but that's more rare. It's highly unusual to see them outside and having an underground oil tank has been illegal in MA for quite some time. It's pretty rare that I even hear about an abandoned underground oil tank being found forget about an in use buried tank.

In climates below freezing they usually are in the basement.
One big advantage being in the basement is that regular furnace oil can be used and if tank or lines are outside #1 heating oil is necessary and that is even more expensive than high priced furnace oil.
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