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Old 08-22-2012, 11:17 PM
 
3 posts, read 12,574 times
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Hi,

I have a question. Can my landlord charge me for filling the gas tank if there is nothing written in the lease about it?

The landlord sent us an email shortly after we moved in and told us that "He would pay for the first tank and that we would pay for fill ups after that". That was it. End of story. There is absolutely nothing about how we need to leave it written anywhere. (we are leaving it on 80% it is only ever filled to 90% ).

Thanks much.
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Old 08-23-2012, 12:04 AM
 
28,113 posts, read 63,642,682 times
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Generally, the tenant must leave the rental in the same condition as when they moved in... less normal wear and tear.

It would seem the tank would only need to have the same amount of gas when you leave as when you moved in to satisfy the requirement.
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Old 08-23-2012, 03:40 PM
 
Location: San Antonio, Texas
3,503 posts, read 19,880,155 times
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You need to leave the tank as full as it was when you moved into the unit. that is the usual and customary practise.
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Old 08-23-2012, 03:57 PM
 
Location: The Triad
34,088 posts, read 82,920,234 times
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Quote:
Originally Posted by Smithfamilyusa View Post
The landlord sent us an email shortly after we moved in and told us that
"He would pay for the first tank and that we would pay for fill ups after that".
Which includes your ENTIRE time there.

Quote:
Originally Posted by ShaneSA View Post
You need to leave the tank as full as it was when you moved into the unit.
or was filled up for you shortly after moving in

Wanna be he has a receipt from the oil company saying they put X gallons into the tank back then?
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Old 08-24-2012, 11:58 AM
 
3 posts, read 12,574 times
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Default That is what I though. This guy has just been a nightmare

He is trying to tell us that the last month's rent we paid was part of our security deposit even though the lease says it was "last mont" just like the first nonth's rent was "first month" and the "deposit is the "deposit". And he is trying to force us to pay the last month twice while he holds two months rent for over two years. He also neglected to tell us that there was a water filter that needed to be changed in the house. We found an alarm system on the filtration system downstairs on the basement that was never installed. It has just been sitting there in the box and my husband tested wi th a lot of metals in his bloodstream a few mo nths back and we couldn't figure out why. He has been having huge health problems here and now we are linking it together a little too late. We have done a home depot test but it was not in a lab, we need to find a reputable lab that won't charge us an arm and a leg for testing for metals outside of the norm and bacteria, etc. The guy has given us less than 24 hours notice in the past, hasn't disclosed the location of the escrow account for our security deposit and we are fairly certain he has commingled our deposit..he's trying to get us to do an inspection before we move out with him, has refused to make repairs to the house and yard that have made the yard completely unusable - to the point that people refused to come over because their kids will get covered in mud from the swamp....and without the repairs, the energy bills have been huge (pump carrying water away from the house going off every 11 seconds but filling right back up) - he refused unless we gave him an offer to buy the house..... And now it is nickel and dime on every single thing....

Just a little frustrated with him and don't know our rights. We only have another couple of months left here, but don't know our rights exactly on all of this.
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Old 08-24-2012, 12:05 PM
 
74 posts, read 150,170 times
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If you do as we have always done when renting with propane, we always make note of the amount of propane in the tank the day we move in and the day we move out we ensure the tank is filled to the same amount as when we got there. As far as the other issues I believe it is a wee bit late to be worrying with what is right or wrong with what you have listed. You should have kept written and photo documentation of what the home was like when you moved in, what you have found along the way, the written requests to the landlord, etc.

I unfortunately learned all of this the hard way so it is easy for me to tell you what should have been done. When I rent now I always do a walk through before I rent with the landlord and I take photos with the landlord present and make a written document at that moment with everything listed that we have found together. Then within a reasonable amount of time if whatever is not fixed I write a second letter and attach a copy of the original document and send it certified mail return receipt so they have to sign for it. Then if nothing is fixed within a reasonable amount of time I take my documentation to the proper city hall and file a complaint. That gets things rolling and fixed properly within a very short period of time and I no longer have issues with the landlord in the future.
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Old 08-24-2012, 12:25 PM
 
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Laws vary considerably... the only way to make sure you are on sound footing asking for advice is to ask a local landlord/tenant lawyer.

I know in my area, Last Month's rent is exactly that... this is why few landlords use the term Last Month's rent and everything is now considered a security deposit.

As for metals... that is way beyond the scope of City-Data... my first thought is how many others drinking the same water are affected?

The pump cycling could be as simple as the air chamber needing to be recharged in the storage tank or the bladder is bad if the tank has one... my brother has to drain his tank every 4 months to get the air back in otherwise his pump cycles all the time.

The pre-move inspection is required by law in California at the tenant's request... the Landlord must offer it in any event.

I always do pre-move inspections... it eliminates a lot of uncertainty for both parties and greatly reduces surprises after the tenant has vacated when it is too late to correct deficiencies.
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Old 08-24-2012, 08:26 PM
 
3 posts, read 12,574 times
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Thanks. It is a good thing that we do have all of the emails documented. His refusal to fix was after a long back and forth about it, him getting an estimate and not wanting to pay the money unless we made an offer to purchase the house. We have all of this and every communication in saved emails, texts and VCR mails from the beginning. We have also undergone documented semi annual inspections of the premises where LL inspected everything and signed off that we had kept the home up to his standard. During these, he walked right by the water filter never once looking to check it or inquire about it. Air filters, yes,of course, we checked those and replace them regularly, because we were aware of them. But it is as if LL completely forgot that the home was supposed to have the water filter changed. (it is a newer construction built in 2004, so we're thinking that since the alarm was never installed and it is sitting there in the box with the instruction manual, that LL moved out prior to installing and forgot about it and the LL never changed the filter since the house was built). Having board of health come in to unscrew the filter and check it out. We haven't opened it.

The pump is not broken. Problem is on outside of house. Was pumping water out and.dumping it directly outside of house on the side . It made a puddle that leaked down the side of the house and back into the pump basin filling it back up again. Gravity drain also was fills into basin instead of away from house. LL would only fix if we say we will purchase house. Grading of land made it a marshland. Will only fix if we purchase house. Attorney who can help us gets back in 4 days. Looking forward to talking with him and sorting this all out. We have given up on getting our security deposit back.. We already understand we will have to GTC to get anything back from LL. We just don't want him trying to add charges and trying to make us double pay for last month, etc.
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Old 08-24-2012, 11:49 PM
 
28,113 posts, read 63,642,682 times
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Sounds like you are on track...

Some people don't have a clue, landlords included. Gone are the days where anything goes...

One note on the filter... the only alarms I'm familiar with sound when flow through the medium is reduced...

One home I looked at for a friend had very little flow... barely usable. Checked the pressure and it was OK... then I checked the filter and saw the indicator had been disabled... kind of like the water filter in my brother's refrigerator... it kept saying time to changed the filter so he disabled it for the reason he has never had it plumbed for water... so not a drop has ever flowed through and he got tired of the seeing the alarm...

Most filters need to be changed because they become too restrictive... just a thought.
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