Oil tank filled by renter, then removed by Landlord. (tenant, property, attorney)
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Our Landlord lives below us on the 1st floor.
We (the renters on the 2nd floor) use oil to heat the house and had the oil company fill it up our tank with 200+ gallons of oil, costing about $900.
About a month later, we came home to discover that the tank had been taken out and replaced with a gas heating unit (probably because it had a crack in it).
There were 28 days between the time the tank was filled and when the tank was taken away.
Now our landlord said she is only going to pay for $500 of the $900 bill, claiming that we used some of the oil within that 28 days period. There is no way we used $400 of oil in 28 days with our thermostate at 60 Degrees.
She should be paying for most/ all of it right?
The oil company can't calculate how much we potentially used in that time and they just want their money.
We have been working with a mediator at the Attorney Generals Office, but we the renters shouldn't have to deal with this right?
We are tempted to just deduct the amount from the rent and give all the paperwork to our landlord.
But the mediator just doesn't want to deal with it anymore and is not being helpful. She told us to just go to small claims court, but I think that based on all the nessecary paperwork, we can just deduct it from the rent and it wont be a violation of the lease.
The tank was replaced because it had a crack in it, or the heater was replaced because it had a crack in it?
The oil company did not measure the oil before they picked it up? I think your quarrel is more with the oil company. They are the ones who took oil without giving you a rebate. Try going after them and see if they will back down and adjust the bill. Remind them that they did not contact you about taking the oil that you paid for.
You had no idea that the heat was going to be replaced?
The oil tank had a crack in it and thats why it was taken away. Now we have a gas heating unit.
The company who provided the oil is not the same company who took it away. I have been trying to find out from the LL what company took the oil away but they are useless.
No, we had no idea that tank was going to be taken or the unit was going to be replaced. I literally got home, and the tank with my oil in it was gone.
In general there are very few things a tenant can legally deduct from their rent. You risk giving your LL grounds for an eviction. Sounds like small claims court to me. Since you had nothing to do with the oil tank being taken away and didn't even know about it before hand I would think the LL would have to show some justification for how much they want to pay you. And I don't think a judge is just going to take a random number.
Give a copy of the receipt from your refill to the landlord. Tell him that is what your expect for refund for removing the oil. If he feels it's less, ask him for a receipt from the oil company that credited him for the oil. If he can't provide one, don't see how you will lose in court.
What ever you do, keep this separate from your rent. It's a separate matter.
I agree, this cannot be deducted from rent, unless you want to risk eviction.
Personally, I think your other beef here should be the leak in the tank. Who knows how much leaked out that you paid for during the last few months. It is entirely possible that when the tank was picked up, it was half empty, but that doesn't mean you used that much. What about the last tank? If you only filled it 28 days ago, would you have needed to fill it at all if it hadn't been leaking?
How long have you lived at this property? Were you there last winter? Could you compare how long it took you to use a full tank for a similar time period (ie winter months) and extrapolate from that how many gallons might have been used in a 28 day period? If you haven't lived there long enough, will the oil company give you records for the last few years refill schedule, or even an average usage in winter months? They can't tell you how many gallons were used, but they may tell you that there were an average of 72 days between refills the last few winters, from which you can calculate usage. Some small companies will do this, especially if you explain why you need it. Bigger companies usually will not give you any information not pertaining to your own account.
This is clearly a small claims issue if you and the landlord can't come to an agreement. Do your best to determine a fair amount, and put your demand to the landlord in writing, sent certified mail. Keep a copy. If they refuse, file in small claims court. Be prepared to justify where you got your number from.
One other thing to keep in mind is that gas MAY be cheaper than oil (it is in my area). So if changing the tank out will save you $100 in heating expenses over the remainder of your tenancy, that should be factored in as well.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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Quote:
Originally Posted by sj08054
Give a copy of the receipt from your refill to the landlord. Tell him that is what your expect for refund for removing the oil. If he feels it's less, ask him for a receipt from the oil company that credited him for the oil. If he can't provide one, don't see how you will lose in court.
What ever you do, keep this separate from your rent. It's a separate matter.
On the other hand, how can the OP prove that they used less of the oil without any evidence to back it up? I would guess that a judge would just compromise and decide on a refund somewhere in between.
On the other hand, how can the OP prove that they used less of the oil without any evidence to back it up? I would guess that a judge would just compromise and decide on a refund somewhere in between.
Since the landlord is the one who hired the company, had the company remove the oil without notifying the tenant, and now won't tell the tenant what company that is, then the responsibility for knowing how much oil was left (and therefore how much had been used) is on the landlord, not on the tenant. The tenant has a receipt for how much oil was put in 28 days before, and unless the landlord can provide a receipt for how much oil was removed, then I think the judge would side with the tenant.
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