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In my lease I am responsible for paying for heating oil and electricity in terms of utilities for my place in Boston, MA. In September, my landlady told had a company come to service the boiler and oil tank - the company found that that the tank was leaking fluids and toxic fumes into the air in the basement of our house, and that that the boiler is so old, that it wasn't fixable and frankly was dangerous and out of code.
The service technician told my landlady that day, that they would have to either replace the oil boiler/tank system or upgrade to a more efficient/cheaper gas heating system. She opted to upgrade to gas heat/hot water since its way cheaper than oil and the installation charge was about the same. She had the new system installed a week later and we've had the oil and oil tank removed from the basement by a second company a week after the installation. We spent a week without hot water during this whole process.
However,at the time of the upgrade/removal - there were approximately 250 gallons of oil left in the tank (275 gallon tank capacity) that is paid for in full. Can I deduct the cost of the remaining oil from my rent since I paid for it? How can I get my landlady to reimburse me for the cost of the oil that I've paid for in full? She's now saying that the money I'll save using the new gas system will make up for the money I spent on the oil. That makes no sense when I've already paid in full for the oil and now will be paying a much larger gas bill that I would have if we still had the oil system in place.
Are there any MA laws to help me? Would I have a good case if I take this to small claims? Really do not want to lose out on almost $850 worth of oil that I will not be using. I have emailed her a long email detailing the issue and she said that she would give us $300 back but that's just not going to work - I can't afford to lose that much money.
Have you called the company that picked up the oil tank?
I've never done this specifically with oil, but when we've transitioned propane companies through work, typically a check is issues for any unused propane left in the tank. I would contact them and ask what they are doing with the oil that was left in the tank and see if they can send you a check for it.
Call the "second company" that handled the disposal of the oil tank. Was there a reason you didn't ask what would happen to the $850 worth of oil remaining in the tank from the landlord or the disposal company?
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