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Old 09-01-2008, 10:06 AM
 
28 posts, read 181,547 times
Reputation: 25

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Hi- Our landlord refuses to allow us to put utilities in our name- even though it is our responsibility to pay. We have now lived here for 3 months and she still hasn't given us abill. I spoke w her yesterday and she says she is having problems w utility company and she has to meet them at the premises because they don't understand why utilities have increased so much in past months. I guess she is not telling them tenants are living in the home. We have asked her time and time again if we could just put in our name- so we know what we are spending, the dates they are coming and so we can get credit for paying the bills. Also- she is going to give is a bill for 4-5 months of use at once. Anyone know why she is so adamant in keeping utilities in her name???? She thinks she can just pop by whenever she pleases- becuase it is "her" house- although she cashes our rent check pretty damn quick. We also do not have a functioning toilet at the moment. She told us last week that plumbers are awa? unavailable until this upcoming week. What a crock. But what were we to do? help
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Old 09-01-2008, 11:21 AM
 
Location: Apple Valley Calif
7,474 posts, read 22,875,208 times
Reputation: 5682
I can't understand why she would want the utilities in her name. Myself, and any LL I have ever heard of, won't give renter the keys until they prove the utilities are in their names.
I would tell her the bill is on her until it goes into your name. She wants it in her name, let her pay the bill...!
If the utilities are in her name, I would assume they are included in the rent...! Perhaps she is going for a mark-up..?
As far as dropping by whenever she wants, no way..! It's your house while you're paying the rent. If she wishes to visit, she must make arrangements at least 24 hours in advance, and it must be at a time convenient to your schedule. I require an inspection every 90 days, but the renter is informed of that, in writing, at time of rental. When that time comes, we make prior arrangements so as not to invade the renters privacy. The inspection is a must, to assure the home isn't destroyed.
Any critical repairs, such as plumbing, should be resolved immediately, or it's your right to call a plumber and have it fixed, with her paying the bill. A toilet that doesn't work could be reported to the Health Department, and they will have her butt if it isn't fixed immediately.
It sounds like you have a very inexperienced, or very cheap, LL. and you need to sit down with her and get some things straight. It should have been done before move in, but too late for that now. What does your lease, or rental agreement say..? Those things should all be spelled out.
Just for information, I would look for Property Manager's web sites so you are aware of common rental agreements. Most web sites will spell out rules and conditions, most of which are the same throughout the industry. You need to educate your LL....
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Old 09-01-2008, 12:10 PM
 
Location: San Antonio, Texas
3,503 posts, read 19,880,155 times
Reputation: 2771
check your lease on the dropping by issue. It should be spelled out in the lease that the LL can have access, but only with notice and agreement. I tell any tenant that I will not go into thier house or apartment at any time without notice, unless it is an emergency, such as leaking water.
Does the lease state that you are responsible for utilities? If so, they must be in your name or you must get a copy of the original bill, if not the original bill itself. Tell the LL that you will not pay any utilities until they are in your name. That might just scare her into letting you change it. Also, call the utility company yourself and request the change. tell l them you are living there. See how they respond and if they offer any help.
Check the state or local web site for the statutes on tenant rights. Educate yourself and then tackle educating the LL.
As for the toilet, call a plumber yourself and give the LL a notice in writing that you have had the health issue addressed and repaired and the cost will be deducted from the rent. then deduct it from the rent.
I would set up a sit down with the LL and discuss all these issues and get expectations in order. Ask the LL if she is new at this. Ask if she knows the laws. Tell her she is violating the laws and you want it corrected.
If she does not cooperate, you have grounds to file for termination of the lease becasue of failure to follow the terms of the lease and follow acepptable, resonable state and local satutes. Don't be shy, act like you know and she is wrong and be strong. that'll do it.
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Old 09-01-2008, 07:15 PM
 
28 posts, read 181,547 times
Reputation: 25
Thank you both so much for the informative responses.! There is nothing in our lease that mentions utilities. We have mentioned changing it into our name on several, at least 4 occasions and she is adamant about keeping it in her name. So NOW I am going to inform her that until it is changed into my name- the bill is on her. She is coming by w plumber tomorrow- finally- 5 days after the fact. we'll see- time to gt a backbone
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Old 09-01-2008, 07:50 PM
 
Location: 2nd state in the union...
2,382 posts, read 4,590,155 times
Reputation: 1616
As a renter, this would be a major red flag to me. The utility company coming over to check because the utility usage has increased sounds a little fishy to me, too. The only time I have ever heard of that happening - rental or not - is if the customer themselves have complained and are disputing a bill. It seems as though she is purposely avoiding having this happen, which makes me wonder if she's violating any rental restrictions or otherwise trying to hide the fact that she's renting.

If it were me, I'd call the utility company and have them put in my name immediately, especially if your lease states that you are responsible for paying them. In my experience, such a change would generate a letter to the owner stating that the utilities have been turned over to the tenant. You've already discussed the issue with her, so the letter should come as no surprise. If she throws a fit, then you know there's definitely something wrong (although at this point, it sounds like that's already the case).

Best of luck, let us know how it turns out!

ETA: Looks like we were both posting around the same time, so disregard my comment about if your lease states that you are responsible. If it says nothing, then I would tend to agree with you...it's on her.
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Old 09-01-2008, 08:25 PM
 
Location: SW Austin & Wimberley
6,333 posts, read 18,049,590 times
Reputation: 5532
Any lease that doesn't specify who pays utilities is a crappy lease. That said, take a copy of the lease to the utility company and they should switch it into your name with lease documentation that you are the occupant.

Another option would be to set aside the expected amount of utilities so that you have funds available when the bills are presented.

Finally, send a Demand Letter (Certified Mail) to the landlord stating:
1) The lease is unclear on who pays utilities.
2) If tenant is expected to pay, then you want the utilities in your own name. Otherwise, you assume that that the utilities are included with the rent.

Stop talking to the landlord and start writing. If you do talk, document the conversation immediately afterward and keep it in your tenant file in case you ever end up in court.

Steve
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Old 09-01-2008, 08:31 PM
 
Location: San Antonio, Texas
3,503 posts, read 19,880,155 times
Reputation: 2771
If the lease does not state that you pay utilities, then it's on her. do not pay them. If she refuses to pay them and the electric gets cut off, that would be a problem. To prevent that, i would call the utility company and make sure they know that you live there and she pays the bill. make sure they notify you for non-payment. they should have no problem with that.
Talk to the LL and discuss these problems. If you cannot resolve them in a mutually satisfactory manner, then LL is violating the lease if she comes in all the time and is demanding you pay utilities.
time for a backbone or she will continue to dance and wave red flags to confuse you.
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Old 09-01-2008, 08:34 PM
 
Location: San Antonio, Texas
3,503 posts, read 19,880,155 times
Reputation: 2771
what Steve said too!!!
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Old 09-02-2008, 05:02 AM
 
5,047 posts, read 5,798,849 times
Reputation: 3120
I am the same ; i refuse to give the keys until I make sure the utilities are in the tenants name.
Sounds very fishy to me

d
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Old 09-02-2008, 05:35 AM
 
Location: OH->FL->NJ
17,003 posts, read 12,583,387 times
Reputation: 8921
Is your LL showing you the bills? Cynical me is wondering if shes including a 10% "convenience fee" or something.
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