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I have a somewhat complicated question about shared metering. Please bear with me.
Here's the background:
I live in a small complex is Los Angeles that originally had a total of three units: two 2bd + den apartments and a one 3 bedroom apartment. I live in one of the two units that had the den downstairs, but the dens in both apartments had been converted into separate bachelor units right before I moved in 1.5 years ago. Thus we now a total of five units, yet only 3 electricity meters (plus one for the front house and one for the common area, for a grand total of 5 meters).
I finally decided to play detective and discovered that my circuit breakers also controlled my downstairs neighbor's apartment. Turns out we are sharing a meter and I have been paying for his electricity this entire time. He was not aware of this because his utilities had always been included in his rent. I also confirmed my findings with the DWP fraud hotline, but have not filed a report in hopes of settling this privately.
I confronted the property manager about this, who informed me that the landlord was very sorry and never knew, and said that the electricians must have "forgotten" to rewire.
We are currently working on a plan to reimburse my roommate and I, but the property manager said that anything before July was a different lease and therefore "no longer in effect." This means that we would only get reimbursed for the 5 or so months on this current lease, but not the year before that. This does not seem fair since we were completely unaware of this until recently, but nonetheless still paid extra. Can the landlord really deny us reimbursement from the previous lease simply because we are on a new year's lease? Thank you for your help.
I have a somewhat complicated question about shared metering. Please bear with me.
Here's the background:
I live in a small complex is Los Angeles that originally had a total of three units: two 2bd + den apartments and a one 3 bedroom apartment. I live in one of the two units that had the den downstairs, but the dens in both apartments had been converted into separate bachelor units right before I moved in 1.5 years ago. Thus we now a total of five units, yet only 3 electricity meters (plus one for the front house and one for the common area, for a grand total of 5 meters).
I finally decided to play detective and discovered that my circuit breakers also controlled my downstairs neighbor's apartment. Turns out we are sharing a meter and I have been paying for his electricity this entire time. He was not aware of this because his utilities had always been included in his rent. I also confirmed my findings with the DWP fraud hotline, but have not filed a report in hopes of settling this privately.
I confronted the property manager about this, who informed me that the landlord was very sorry and never knew, and said that the electricians must have "forgotten" to rewire.
We are currently working on a plan to reimburse my roommate and I, but the property manager said that anything before July was a different lease and therefore "no longer in effect." This means that we would only get reimbursed for the 5 or so months on this current lease, but not the year before that. This does not seem fair since we were completely unaware of this until recently, but nonetheless still paid extra. Can the landlord really deny us reimbursement from the previous lease simply because we are on a new year's lease? Thank you for your help.
No you are to be reimbursed for everything. The owner and PM could be in some hot water as these are code violations so you should push the issue.
No you are to be reimbursed for everything. The owner and PM could be in some hot water as these are code violations so you should push the issue.
Thanks. How do you think I should go about pushing the issue? I don't want to come off threatening but also have no legal experience on this type of issue. Can I tell them they are legally bound to repay the rest of the owed money? Also, what codes could they be in violation of? The shared metering, or the conversion?
Thanks. How do you think I should go about pushing the issue? I don't want to come off threatening but also have no legal experience on this type of issue. Can I tell them they are legally bound to repay the rest of the owed money? Also, what codes could they be in violation of? The shared metering, or the conversion?
Well the first thing I would do is simply tell the property manager that he is not correct and since the shared metering was the owners fault he must you reimburse you the full amount. Be nice but firm. Something to the effective that you are glad that he/owner are willing to correct their mistake but that they are legally required to reimburse you for the entire amount that you were overcharged for the entire time period that you lived there. That's the first step. If you think the guy is trying to ********* may mention "you hope you will be able to solve this between the three of you without the involvement of any third parties(that is a vague threat for court, complaints etc). If they are cooperative I would leave the last part out. You can also say that you inquired anomously and that the electric company confirmed that they are liable for the entire amount.
Correction: I said he would definetely be liable for the entire period. In New York that is not necessarily the case. It states only 12 months. But that is only what national grid will help you collect on. You can still ask for their assistance and sue for the remaining balance. But your location may be different.
I'd suggest you check with your local Legal Aid office and get either a free or a low-cost initial consultation with a competent real estate lawyer. Your local Bar Association could also give you some referrals.
I don't believe the property manager is correct in saying that you can't be reimbursed for anything under the original lease but an attorney could answer that question very quickly. I don't know how the DWP fraud hotline works but, if push comes to shove, then follow through with them. Good luck!
If the matter isn't resolved to your satisfaction... in addition to filing a formal complaint with the city/county for substandard/faulty wiring... I would also file one with the Department of Real Estate... many property managers are required to hold a California Real Estate License
In my area, the Utility company is also aggressive and may Red Tag Service until cleared by the building department.
If you wanted to expedite the matter... I would not have a problem flipping the breakers in question off... after all you have a duty to mitigate your loss on behalf of the responsible party...
If this was really a legal conversion done with a licensed electrician... another complaint to the contractor license board is in order naming the Electrical Contractor...
I have no tolerance for any business that perpetrates fraud...
Last edited by Ultrarunner; 01-04-2011 at 06:12 PM..
I'd suggest you check with your local Legal Aid office and get either a free or a low-cost initial consultation with a competent real estate lawyer. Your local Bar Association could also give you some referrals.
I don't believe the property manager is correct in saying that you can't be reimbursed for anything under the original lease but an attorney could answer that question very quickly. I don't know how the DWP fraud hotline works but, if push comes to shove, then follow through with them. Good luck!
In some CA cases the tenant was reimbursed going back many years... it happened to a friend where a sump pump serving the building complex was wired to her meter...
I think the law allows recovery back to 1991... see attached code noted in previous post.
Nativechief, no I have not yet turned it off. The landlord has offered us IMO a fair reimbursement through the time it gets fixed (for the current lease), and I'd like to avoid putting my downstairs neighbor in a bad situation if possible. That is, as long the problem gets fixed soon.
But the issue of the owed money from the previous lease still stands...so we shall see what happens with that.
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