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I have noticed that my electricity bill is very high. I notice that there are only two mailboxes yet there is an apartment in the basement which would make it three units. I looked up the property at the tax assessor’s site and show that it is zoned for only 2 units. The basement is an illegal apartment. I asked my landlord to see the meters since I could not find them. Landlord refused in an evasive, trying to be nice but waive it off way. I called PSEG (I am in NJ) and there are only 2 meters for the building. I am having PSEG come out to do check for a high bill complaint. I know I am paying for the basement unit along with the washer, dryer, and other appliances that are located downstairs so I want to prove it before moving forward. I am upset but even more so because I know that the landlord knows based on the very odd and evasive responses I got to direct questions I asked.
My question is: Once I have the report from PSEG that this is indeed true, what do I need to do?
I plan on withholding rent until there is a resolution. The landlord has obviously done this for years and I am just the first one to investigate. That is theft...and a major one. My bill should be about $50 yet it was $195...multiply that by years....Should I allow her to resolve it by paying me what's owed and fixing the issue or do I take her to court? I am worried if I try to resolve it amicably that she will have me leave as I am on a month to month lease. Would court buy me more time and get me better results?
Keep in mind she has an illegal apartment which means she has not been paying taxes on that or the money she gets from the tenant for rent. She has a lot to lose.
After you verify from the electric company that you are paying for the basement apartment, you have several options.
Do you want to stay there? If so, you could negotiate a rent including utilities with your landlord. This would mean a lower rent for you.
Somehow, I doubt the landlord will go for it. He'd be better off if you left and he rented to another sucker.
One thing that may buy you time, is if you were to demand payment of the overpaid utilities, once you know that's happening for sure, and demand rent including utilities of $50/month, or whatever you think is reasonable.
If the LL then tries to evict you, you may be able to claim landlord retaliation. Landlords are not allowed to evict you in retaliation for exercising your rights. Whether that includes your situation or not, I'm not sure. But, once you know what's going on from the electric co., you could get some legal advice. Here's some info on retaliatory evictions:
I have noticed that my electricity bill is very high.
I notice that there are only two mailboxes... there are only 2 meters for the building.
I am having PSEG come out to do check for a high bill complaint.
I asked my landlord to see the meters since I could not find them.
Landlord refused in an evasive, trying to be nice but waive it off way.
My question is: Once I have the report from PSEG that this is indeed true, what do I need to do?
Decide whether you want to force the landlord to evict everyone.
Including you.
I plan on withholding rent until there is a resolution.
If you go this route, make sure you do it the right way. You can't just cross your arms and stop paying rent. That's the easiest way for the landlord to evict you asap and restart his little scam with fresh suckers.
If you want to withhold rent, you need to head down to the local court and set up a payment plan with them. You also must give the landlord proper time to remedy the situation before you any of this.
There should be local resources that you can reach out to that will help you with this.
I definitely don't plan on just saying I'm not paying rent. if I do take her to court I will put it in writing and send certified mail and provide a copy to the city as well. I am going to go the town hall to see if someone there can direct me to the right place.
See if you can find the breaker boxes for the apartments. If your breaker box has a lot more breakers than the other, its a pretty good bet that you are paying for the illegal apartment. You could also call a code enforcement agency and really lay the hammer on the landlord. The people who issue building permits is a good place to start if the apartment is indeed illegal.
Just be damn sure you are paying the utilities for that apartment before you go making accusations. Aside from counting breakers/fuses, another way to find out is to start cutting off breakers until you get the person in the illegal apartment's attention. Then its confirmed that you are paying for his.
After you verify from the electric company that you are paying for the basement apartment, you have several options.
Do you want to stay there? If so, you could negotiate a rent including utilities with your landlord. This would mean a lower rent for you.
Somehow, I doubt the landlord will go for it. He'd be better off if you left and he rented to another sucker.
One thing that may buy you time, is if you were to demand payment of the overpaid utilities, once you know that's happening for sure, and demand rent including utilities of $50/month, or whatever you think is reasonable.
If the LL then tries to evict you, you may be able to claim landlord retaliation. Landlords are not allowed to evict you in retaliation for exercising your rights. Whether that includes your situation or not, I'm not sure. But, once you know what's going on from the electric co., you could get some legal advice. Here's some info on retaliatory evictions:
Page 81 talks about retaliatory evictions in New Jersey. The last couple of pages include info on getting legal help.
If you decide to move, I think you should sue for the overpaid utilities - if it turns out you did.
Good luck to you.
I was thinking they may comply because I know they have an illegal apartment. This means if I report it to the city they will get into trouble for the illegal apartment plus avoiding taxes and maybe even safety violations PLUS they will lose whatever monthly rent they collect on that apartment as they would no longer be able to rent it out.
Would it be worth it for me to try to get what I think is fair from her and continue to live there or do I take her to court and get more out of it that way? Remember, they are knowingly stealing from me
Last edited by anaonc; 10-14-2013 at 02:04 PM..
Reason: added a question
Comply with what?
Your idea of fair or the States idea of code?
The latter is a VERY expensive proposition and largely impractical.
The former (in their mind) is already reflected in (what they see as) low rent.
How do you propose threading that needle?
My idea of fair would be lower rent in order to compensate for the extremely high electricity bill. My rent is not low now, it is on the higher end of average for rent in the area. If they lower the rent, put it in writing, sign a new lease (I'm currently on month-to-month and would like at least a 6 month lease), then I will keep my mouth shut and continue to live there. If they don't agree and only want to pay back electricity to me and tell me to move then I will take them to court, report her to code enforcer, tax assessors office, etc. etc.
I was thinking they may comply because I know they have an illegal apartment. This means if I report it to the city they will get into trouble for the illegal apartment plus avoiding taxes and maybe even safety violations PLUS they will lose whatever monthly rent they collect on that apartment as they would no longer be able to rent it out.
Would it be worth it for me to try to get what I think is fair from her and continue to live there or do I take her to court and get more out of it that way? Remember, they are knowingly stealing from me
Well, I can't imagine a blackmail situation being a good one.
That said, without threatening to turn her in, after you verify what's happening with the electric co, I think you could start out by saying you discovered you're paying for the other apt, you want that overpaid money back, and you want a lower rent including utilities. See what happens before you call in the calvary (building inspectors, etc.).
The thing is, you're dealing with a weasel. I wouldn't expect this to turn out pretty, or that you will want to stay there once she starts really hating on you.
But, I'd start there. Maybe you'll get lucky.
Doing it this way, also puts you in a good situation if she then tries to evict you before you're ready to move. Then you can say it's retaliatory.
If she doesn't agree to pay you back and lower your rent and/or split the utility bill or whatever, then you sue her.
Either way, I think you should start saving up your security deposit for the next place. I just really don't see you loving your home once it hits the fan. And it will. But, you have every right to sue her for the overpaid electricity - if you did. Right now you're assuming you're overpaying. You need to find out for sure.
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comply?
