Paying for Illegal Apartment Electric--what do I do? (tenants, rental, inspection)
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My idea of fair would be lower rent in order to compensate for the extremely high electricity bill.
My rent is not low now...
If they lower the rent, put it in writing, sign a new lease...
then I will keep my mouth shut and continue to live there.
Well, I can't imagine a blackmail situation being a good one.
That said, without threatening to turn her in, after you verify what's happening with the electric co, I think you could start out by saying you discovered you're paying for the other apt, you want that overpaid money back, and you want a lower rent including utilities. See what happens before you call in the calvary (building inspectors, etc.).
The thing is, you're dealing with a weasel. I wouldn't expect this to turn out pretty, or that you will want to stay there once she starts really hating on you.
But, I'd start there. Maybe you'll get lucky.
Doing it this way, also puts you in a good situation if she then tries to evict you before you're ready to move. Then you can say it's retaliatory.
If she doesn't agree to pay you back and lower your rent and/or split the utility bill or whatever, then you sue her.
Either way, I think you should start saving up your security deposit for the next place. I just really don't see you loving your home once it hits the fan. And it will. But, you have every right to sue her for the overpaid electricity - if you did. Right now you're assuming you're overpaying. You need to find out for sure.
They are coming next week to do their analysis so I plan on not saying or doing anything additional until then when I have proof from PSEG. They already confirmed there are only two meters so I am not worried that it will come back in their favor. And yes, I agree with saving to move. That's where the back pay would come in and possibly lower rent depending on how the situation plays out. It's owner occupied too so that makes it even better...
See if you can find the breaker boxes for the apartments. If your breaker box has a lot more breakers than the other, its a pretty good bet that you are paying for the illegal apartment. You could also call a code enforcement agency and really lay the hammer on the landlord. The people who issue building permits is a good place to start if the apartment is indeed illegal.
Just be damn sure you are paying the utilities for that apartment before you go making accusations. Aside from counting breakers/fuses, another way to find out is to start cutting off breakers until you get the person in the illegal apartment's attention. Then its confirmed that you are paying for his.
That's what I was thinking. Turn it off when you get home tonight and see what happens.
That's what I was thinking.
Turn it off when you get home tonight and see what happens.
I don't think there is any question that the (usually 1st floor) one unit has additional circuits on their panel,
meter and consequently on their electric bill. When these older houses were converted decades ago only the
top floor circuits would be split out to their own panel/meter sometimes for practical reasons and sometimes
because of zoning reasons. The gas and water aren't likely to be split up at all.
When the owner lived in the lower level apartment none of this was an issue.
The issue now is how well or poorly the landlord explains what is going on...
and how well/equitably they allow for those extra costs vs the rent charged.
If you go this route, make sure you do it the right way. You can't just cross your arms and stop paying rent. That's the easiest way for the landlord to evict you asap and restart his little scam with fresh suckers.
If you want to withhold rent, you need to head down to the local court and set up a payment plan with them. You also must give the landlord proper time to remedy the situation before you any of this.
There should be local resources that you can reach out to that will help you with this.
Yes, withholding rent is a bad plan. Make sure you understand when and what your state laws require before you try this tactic. In any case if you like where you live, you are likely to **** off the landlord and end up having to move at the end of the lease. Proceed carefully.
Would it be worth it for me to try to get what I think is fair from her and continue to live there or do I take her to court and get more out of it that way? Remember, they are knowingly stealing from me
Why would you expect to get "more out of it" by going to court? Court will make you "whole" not give you a monetary bonus.
And how do you know your electric bill "should be about $50"?
Don't get too enthusiastic. Your position is not nearly as strong as you think. There something in your lease or documents that say you do not have to pay for the basement electric? You may have a civil action for payment of the excess electric but that will not keep you from getting thrown out.
It in no way effects habitability which is the normal criteria for withholding rent. So no you cannot withhold rent without getting evicted.
You may be able to turn her in for the illegal apartment. That gets both you and the other tenant evicted. She waits a month or two and rents it again.
I suggest you simply confront her with the electric report (if you get one) and see how she proposes to fix it. You likely can collect this money but likely have to go to small claims court. And you likely get thrown out.
Note the electric company will generally not do much for you. They will certify that your meter is working correctly and that there are only two meters. I do not think they will investigate or provide you with any information on where the circuits go from your meter.
Sorry to be a wet blanket - but you are marching to a disaster if you are not careful.
There something in your lease or documents that say you do not have to pay for the basement electric?
Why would there ever be a statement in the lease saying that he doesn't have to pay electricity for a unit that is not his own? That's so self evident it would never need to be put into writing. I would be just as concerned about lacking a clause stating that I'm not responsible for droughts in Iowa.
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You may be able to turn her in for the illegal apartment. That gets both you and the other tenant evicted. She waits a month or two and rents it again.
The landlord will not be able to rent out the apartment again. She will be on the hook for some serious fines to the city and contractor work, which the city will inspect.
Quote:
I suggest you simply confront her with the electric report (if you get one) and see how she proposes to fix it. You likely can collect this money but likely have to go to small claims court. And you likely get thrown out.
As others have gone over, he cannot be "thrown out" as that is considered retaliation. The landlord may not renew his lease, however.
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