Being forced to pay my own Apt. heat through my electric bill. (2014, apartment)

[joanndecasanova]

Hello everyone, if some one can advice or guide me as to what to do.
I am a relatively new tenant. Rented in June of 2014. When I went to the Apt. before signing the lease, we notice there were heating panels in the Apt. not the old school stand alone heaters. We questioned this to the Realtor and he stated "quote", Oh no worried, I'm pretty sure the bldg. takes care of heat and hot water. My husband went ahead and check the breakers in apt. turning the heat on and off. And as we suspected! The heat runs from my apt. electrical panel. We questioned it again to the realtor before signing the lease, he called the management office and asked them about it. The management office assure him that the heating system did not run from our electrical panel that the bldg. supplied the heat. (MY BIGGEST MISTAKE, I SHOULD OF GOTTEN THAT IN WRITTING). But trusting their words, we went ahead and sign the lease. So far so good, they have been very attentive with minor issues we've had and have taken care of them in a timely fashion.
However, NOW that we have brought up the subject of the heating issue, asking how is this going to be taken care of? Who's paying the electrical bill during winter season or if there are any rent adjustments during use of heat, etc.
and as suspected, they do not want to deal with it. They are claiming that because I signed a lease, knowing that electricity was going to run from my electricity bill, they are not able to help us. Which that was not the case any way.
I've been very polite and professional, letting them know that I am the type of person they cannot insult my intelligence. So, I sent them a pic with the part of the landlords responsibility of supplying heat highlighted on the lease and they are still not barging. They claim that because the last tenant and the one before that were paying for their own heat, that I was to pay for my own heat as well. I told the bldg. manager I was going to call our electrical supplier company to see what they say about this or how can they work with us to reduce our bill during winter season or something and the bldg. manager just responded, "what 's your tel. #", hasn't called yet.
I know this is illegal, but I don't want to cause any trouble or involve the authorities.
But what can I do to resolve this issue? What Can I say to convince them to pay for heat.
Please need advice. Help
Joanndecasanova

[BugsyPal]

Well you already knew (via your husband's checks) that what you suspected was true, heating was via PTAC type heating and run by electric. You *should* have then and there requested the matter be cleared up in writing before singing the lease. Also at the time of lease signing you should have again read that document and brought up the matter of heating (i.e. the clause you are now highlighting and sending back to LL), and demanded the matter be sorted.

Being as all this may if the signed lease clearly states the LL will provide heat then that is what is binding. If he does not you'll have to take it up legally if he does not comply. Just make sure you didn't sign a waivers or anything else along with the lease that agrees to any such changes.

Many new buildings and or renovations are seeing landlords/developers moving towards PTAC heating type units. It simply transfers the cost of heating a unit from themselves to the tenant. Given Con Edison's rates it can make for very expensive electric bill during the colder times of the year. Even using a space heater to supplement heat runs up a bill, don't want to think about having electricity as a sole means of heating.

[joanndecasanova]

Thanks,
Yes, through out all this time I have reminded them of the subject. But now that I need to address the matter seriously with them they are giving me the brush off. The signed lease clearly states the LL will provide heat. And I have not singed any other waivers or so.
But all the LL keep telling me is "oh, well previous tenants paid for it, so then so should you.
I know this is an issue that I may have to take up legally, but don't want to get to that.
You think this is my best solution? Winter is coming soon too.

[BugsyPal]

Originally Posted by joanndecasanova

Thanks,
Yes, through out all this time I have reminded them of the subject. But now that I need to address the matter seriously with them they are giving me the brush off. The signed lease clearly states the LL will provide heat. And I have not singed any other waivers or so.
But all the LL keep telling me is "oh, well previous tenants paid for it, so then so should you.
I know this is an issue that I may have to take up legally, but don't want to get to that.
You think this is my best solution? Winter is coming soon too.

No, there isn't any way to address it as it seems the LL is not going to give in and provide heat. When cold weather arrives you can contact 311 to report an issue with no heat but that is where things are going to get tricky. LL will say one thing and you another, thus the whole issue will sooner or later end up in court.

Am thinking you are moving into a "two family" or small house type apartment and not something like an apartment building. Not to be mean or anything but from the wording of your post one assumes English is not your first language and thus going further that the landlord is trying to pull a fast one because he or she assumes you will not do anything.

If you cannot afford an attorney go down to Housing Court and speak with one of the pro-tenant lawyers or others that dispense advice free of charge. You need to get this sorted as chilly weather will arrive in about one month and you'll be stuck using that electric heater (and the subsequent bills) until or unless this is resolved.

[ughhnyc]

There is no way for Con Edison to measure your baseboard usage apart from your regular electrical usage. everything is read from one meter in the buildings basement, unless it's an older building with a more antiquated wiring system, in which case everyone pays a flat monthly rate, which is usually only the case with gas/radiant heat.

Is this your first time living in an apartment or signing a lease?

You should have at least had the common sense to notice the baseboards, which run on electric current.

And of course your realtor is going to lie to you. It's their job and most are very well trained at lying.

Seriously, you cannot have been this distracted or uneducated.

This thread is almost as bad as that other one where the guy flipped out on the LL for not being listed as a legal tenant when his wasn't even on the lease.

[joanndecasanova]

Geeeezzz. Anyone out there that would love to join & continue the insults. Cause all i was looking for was just reassurance or perhaps a real advice & not people lashing at me. ��

[BugsyPal]

For my part do not believe responses were insulting or anything else but helpful.

Bottom line is this; you have a signed lease which is a binding contract upon both you and the landlord. You are saying one thing he or her another. There is nothing we can do here but offer the advice already given; seek out an attorney or professional legal advice. At this point absent (with consent of both parties) cancelling the current lease and drawing up another your only option is to take your LL to court. However doing this you must have a goal in mind, that is what you want from the landlord.

If the electrical wiring for the heating units are such they cannot be switched to the landlord's/building's meter then that is that. You will have to pay. All that remains is for you to seek some sort of damages and or compensation such as a reduction in rent to cover the expense of heating.

Your best case rests on proving the landlord engaged in fraud. Personally if you think you can find someplace else to live I'd just see if you can break the lease. Threaten legal action based upon fraud and offer to pay for the one or two months you have lived in the apartment.

Once again bottom line is either way you are going to have to pay for the heat in that apartment. There just is no way to easily and cheaply reroute the thing.That means you either must seek some sort of damages/compensation or suck it up and move on. If the lease is only for one year if all else fails deal with the one winter as best you can but start looking for another place soon as next Spring or Summer rolls around.

[aboriginie]

Is it baseboard heat or PTAC units? if it is the latter then you aren't paying for heat - just the fan to circulate the heat.

[Kefir King]

The signed lease clearly states the LL will provide heat.

That defines the issue...PERIOD. If he does not provide the heat as per the lease contract, it is a matter for the courts.

But aborigine has a good point. Are their any pipes attached to this "heater?" You will be able to tell for sure when the heat come on next month. Without your turning on the blower, the unit should still feel hot to the touch. Lots of apartment buildings have this kind of system and the cost of the blower is negligible...often you don't even need the fan to get a comfy room temperature.

[joanndecasanova]

Like to update everyone who joined the conversation.
Whether I use proper english, "I'm still stuck on that one" @ BugsyPal, or wether the thread is considered bad post, or that I have no common sense @ugghhnyc. I will say I must be doing something RIGHT.
The Bldg. owner has agreed to work in my apt. and switch the electrical baseboards to reg. heating pipes coming from the boiler. Plumber begins the job middle of next week.

Just an advice; sometimes it pays to be sweet, not ignorant or troublesome.
Thanks to you all who gave me positive advised.