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We live in a large apartment complex. There is probably 10 buildings with about 20 apts. in each building. In our building we on the lower level. We live in a 1500 square ft apt...also the sump pump for this entire building (which is very large) is in our back storage room...We were told time and time again we were not finacially responsible for this pump (the electicity or the upkeep)...we were told it was wired to a separate box and they would come in yearly for upkeep,,,which has never happened either...
So we kept getting these gigantic electric bills that suspiciously went up and down with the amount of rain or snow we had...I told my Hubby in month 2 of us living here we were paying for that pump...but he did not bother listening to me...Men!
Anywho, we had an electrician come out and verify that we are indeed paying for it...So we contacted the manager and told him the situation...That was 2.5 months ago...
They said they are going to put a separate meter on the pump and subtract the difference. We were fine with that solution. They also agreed to pay us in retro for the previous months...Great! That is the least they owe us..Pay us for the ammount of electricity your pump used...Perfectly fair IMO.
Except they won't put the meter on. We were told this 3 weeks ago and we are still paying for this sump pump...This electrician was supposed to come out on 3 different occasions (today being the 3rd) and has not...He keeps saying the meter is not in yet...
So my question is....Can I legally not pay them my rent until they follow through with the solution they agreed to do? Like not pay them rent until the meter is placed on this pump???
First... what was done is absolutely illegal without your consent and shame on the mgmt for trying to pull a fast one.
I think a visit to your District Attorney is not out of line if the matter is not resolved to your satisfaction... Business is regulated and you can insist on filing a complaint against the owner and management.
In your situation, I would submit a generous claim for your out-of-pocket electricity bills... Motor loads, such as pumps can consume anywhere from 10 to 30 cents for every hour operated... easily a couple of dollars a day in the rainy season or more.
Second... I would find the circuit breaker on YOUR electric panel that controls the pump and TURN IT OFF!... even if that means you will need to find other outlets or use and extension cord temporary.
Some States have penalties for owners that do not disclose tenant paid utilities to common areas... you might also want to file a theft of utility report with your power company.
I'm certain there is an existing "HOUSE" meter already on site... an electrician will need to run power from the HOUSE meter to the pump.
If I was the manager and this was an "Innocent" mistake... I would offer to reimburse you the entire electrical portion of your utility bills for each month in the rainy season.
At this point I would not with hold rent because it might cloud the issue should you need to go to court... only my non lawyer opinion...
Do not know what state you are in but Ultrarunner is absolutely correct. Check your state's laws regarding seperate and/or submetering and file a complaint. In the meantime, there is a device actually meant for helping you figure out how to save electricity that you can get to measure the amount of electric the pump uses. Not sure on the price but worth checking out. I would measure what the pump uses and bill it back to the complex. Send certified return receipt letters to the landlord (keep a copy) notifying them of this issue and document everything.
I have never had to seek any kind of legal help ever so I really have no idea on who to file a complaint with...
Do I just show up at the DA's office and tell him my story??
Sorry to sound so dumb about this but I have never in my life had to deal with such low life bull...
I do know in the month of Dec...which was a lot of snow for us and a few meltdowns...We were gone for 2 weeks out of that month and our bill was well over 200.00...Which is just outlandish here...
AND....one of the guys who works here told me of a young guy who had a loft apt. here...He was having high electric bills and decided to check into it...He found that all the flood lights on his building (which stay on all night long) were all wired into his box....So this poor guy was paying for the outside lighting on his building. I tried to find out who he was but they said he had moved...
About 25 years ago I was renting a trailer behind my landlords house. Well I forgot to pay my electric bill & needless to say it was cut off. Well That B***** of a landlord came running up to the trailer demanding why I let the Electric get cut.... Well it turned out that the well pump, the outside yard light & her hubbies workshop were ALL on my bill!! I moved out 3 days later NEVER paid the bill. Since the welfare had paid rent & deposit They took them to court. Got their money plus the 2 months rent I had paid plus all my electric bill!!
So I would advise you to go to a lawyer with ALL your rent & electric bills! But dont turn off the pump you may end up with a flood!!
You need to soak your landlord. This sort of behaviour has to stop.
Depending on your state's laws, they probably owe you a LARGE amount in penalties and could be responsible for a CRIMINAL violation (as they are essentially STEALING electricity from you).
Consult a lawyer immediately. Usually the first consultation is free, and because this is a clear-cut case and your damages will be significant, they will probably work on contingency (meaning you don't have to pay them, but they will take up a good chunk of the settlement with their fees). Look up (online is easiest) a lawyer that handles property law. Yellow pages are another option. Call a few and set up a consultation or two with one who is near you and seems honest.
Avoid ones with flashy offices or who promise you the moon. It may turn out that nobody is willing to help if the penalties aren't stiff enough, but you can get some good free advice at the very least.
Another option is to contact the police and file a criminal complaint against your landlord. Simply call--or walk in, this is better--your local precinct and report that your landlord is stealing electricity from you. If they can't help, they will probably steer you in the right direction.
Finally, you can call the utility company and report the same thing. I'm not sure if they will be helpful or not.
You keep asking if you should pay your rent.. YES, under no circumstances do you stop paying rent.
You have a contract to pay, stop paying and you give the advantage back to the LL...
One more point for you when you get to court...
I live in CT and had this happen to me w/ electric and cable. I contacted both utility companies and I moved shortly thereafter. The utility companies actually made the LL pay the balance of the bills and we (us & the LL) agreed that we would not pay last months rent, SD would be returned and that was it. Luckily, it all worked out. But, while I was trying to find help I found that in CT you can withhold rent - IF you notify the LL in writing, certified, return receipt and if the problem is not corrected w/in 30 days. You can withhold rent IN an ESCROW account. You have to be able to prove that the money is 'available' basically. You can't just not pay your rent. Essentially w/ an escrow you are paying you're just paying into escrow until the problem is fixed. Here is a link for MI LL/Tenant laws. Good luck!
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