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I live in a pretty typical 3-flat in Chicago with a common basement that has some storage space and coin-operated laundry. Recently it came to my attention that the electricity for the whole basement (lights, washer/dryer), the electricity for both stairwells, the garage (lights, power door), and the gas for the dryer are all running off of our electric/gas meters. In addition, the hot water for the washer comes from our water heater, which we pay the gas for.
Also, our lease did not disclose the average gas bill for the unit over the last two years, which I believe is required by law.
Does anyone have any suggestions as to what to do?
What does, "it has come to our attention" mean? Obviously this is something you need to address with your LL but first you need to make sure that this is indeed the case and not something that someone is speculating about.
You're misinformed that a lease requires disclosure of gas (or any other utility) costs for the last two years.
What does your lease say about utilities? If it reads that you're responsible for paying your own utilities and it's confirmed that you're also paying common utilities then you should immediately contact your LL in writing to ask that this be immediately rectified and that you be reimbursed for the common utilities you've paid for. But check your lease carefully to make sure that common utilities aren't mentioned. If you're getting a reduced rent because those utilities are hooked into your meters then obviously you're out of luck.
I have to tell you that I think you may be wrong. If the electricity and gas is separately metered and billed to you directly by the utility company and you failed to pay those bills the utility would be shut off. It doesn't make sense that a LL would risk having the common areas without electricity or gas and particularly not the former.
Actually, that situation is quite common in the area of NJ where I grew up; because generally the LL lived in the main/larger apt (she said it's a 3-family). I know it was that way in one of the first apts I lived in after getting married. Sometimes when the landlord dies/moves out, they forget that the common-space utilities were on their meters.
So, OP, I would bring this issue up to the LL, asking him to rectify this situation in some way. You might find that s/he was unaware, not thinking about where the common utilities were billed.
Can't agree to something if you didn't know about it...
The rules are quite strict where I am... as long as it is disclosed and the tenant agrees to it... no problem.
If it is not disclosed... there is a provision for penalties under theft/diversion of utilities.
I've posted before about the women who had been paying for a common area sump pump for years... in the end, the management credited her back to the day she moved in... only came to light when she was away and her son-in-law turned off some of the breakers... the rain came and the building basement flooded.
Had a situation where a new tenant refused to have a 12 watt yard light on her power at a duplex... as crazy as it seems, ended up putting in an entire separate meter and service for the 12 watt yard light that used at the time about 25 cents of power a month.
What does, "it has come to our attention" mean? Obviously this is something you need to address with your LL but first you need to make sure that this is indeed the case and not something that someone is speculating about.
I was looking at the meters and was surprised to see that there are only three of each, and so I traced the gas lines and looked at the breakers.
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Originally Posted by STT Resident
What does your lease say about utilities? If it reads that you're responsible for paying your own utilities and it's confirmed that you're also paying common utilities then you should immediately contact your LL in writing to ask that this be immediately rectified and that you be reimbursed for the common utilities you've paid for. But check your lease carefully to make sure that common utilities aren't mentioned. If you're getting a reduced rent because those utilities are hooked into your meters then obviously you're out of luck.
Straight from the lease:
Quote:
18. Utilities. Utilities (gas, electrical) are not included in the above rent and must be paid by the
Lessee. Water will be paid by Lessor.
Quote:
Originally Posted by NY Annie
Actually, that situation is quite common in the area of NJ where I grew up; because generally the LL lived in the main/larger apt (she said it's a 3-family). I know it was that way in one of the first apts I lived in after getting married. Sometimes when the landlord dies/moves out, they forget that the common-space utilities were on their meters.
Yes, I believe that's the case here. Our apartment (first floor) was originally a commercial space that was later converted.
Although I have to imagine that our landlord is very well aware that she's not paying common space utilities.
Although I have to imagine that our landlord is very well aware that she's not paying common space utilities.
It sounds as though you're on solid ground but first ensure that by asking the gas company and the electric company to confirm your suspicions by coming out if necessary. If they do confirm, don't approach your LL from an adversarial position. Talk to her first and see what she says. If that doesn't work then send her a return receipt certified letter asking her to remedy the situation. Good luck!
The city of Chicago (and Evanston) have very tenant-favorable laws on the books. There is a hotline, best to just call and explain your issue. 312-742-RENT. I can't post a link but google "city of chicago rents right".
Problem with a lot of these flat conversions is the utilities were never separated and trying to get any utility to do any work in any converted house/building in the City is a years-long process. Many many homes / apartments in the City are just now getting proper water meters, since the beginning of time people have just been paying a flat un-metered rate.
All part of the City charm!
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