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I live in an apartment in Ohio and I recently found out that my duct that provides my central air and heat to my apartment is also tied into the apartment hallway, meaning my electric bill was pretty high. When I confronted the landlord, he first told me that he knew that there was one apartment that shared air with the hallway but when asked why he leased it out to us anyways without informing us, he changed his story and said that all the apartments share their heat and a/c with the common area.
I searched everywhere in my lease and I found nothing that mentioned this. Isnt he basically stealing my a/c for free? and if its not disclosed in my lease, isnt that illegal and possible grounds to break my lease? I know that some states have a full disclosure law about leases but I cant find out if Ohio does.
In CA, a tenant is not responsible for common areas unless disclosed and agreed to in the rental agreement.
There have been several cases, one in which the Landlord had to pay 17 years worth of back electric usage for a undisclosed sump pump tied into a tenants utility service.
I think the key is "Disclosed and Agreed" You can't agree to something you don't know about and a common area is just that... it's shared.
Do you want out of the lease or reimbursement for costs incurred? Either way it sounds like you have grounds...
Last edited by Ultrarunner; 09-06-2009 at 09:30 PM..
Where is the thermostat? If it is your apartment and cooling your apartment to a set thermostat in your apartment then you are not cooling the hallway to the level of your apartment. It may well have a duct into the hallway, but the thermostat determines how much the unit runs. All the apartments may have a duct into the hallway to keep the area comfortable.
Just a thought. I'm sure you can tell the LL to disconnect the duct, or do it yourself. Close the vent. Remeber, the hallway will be hot or cold depending on the season.
It's a catch 22
The thermostat is located in my apartment. But stop and think about it. If the air that is supposed to be cooling my apartment is being exhausted into the hallway, it means that is air I'm payin for and not getting it. If the air was kept in my place then the air would cool my apartment efficiently, meaning the unit would be on less time to hit the set temp. Meaning my electric bill would be lower. And currently the air that goes out to the hallway is wasted because they sometimes keep windows in the hallway open.
Closing the vent is an option, but it doesn't make it right and they should have still disclosed it to us. Agree? Disagree?
The thermostat is located in my apartment. But stop and think about it. If the air that is supposed to be cooling my apartment is being exhausted into the hallway, it means that is air I'm payin for and not getting it. If the air was kept in my place then the air would cool my apartment efficiently, meaning the unit would be on less time to hit the set temp. Meaning my electric bill would be lower. And currently the air that goes out to the hallway is wasted because they sometimes keep windows in the hallway open.
Closing the vent is an option, but it doesn't make it right and they should have still disclosed it to us. Agree? Disagree?
I agree. It's taking longer to cool your apartment because part of the cool air your A/C is working to make is going elsewhere. So it runs longer to cool your place and uses more energy.
How did you discover this and do you have documented evidence? How long have you lived there?
I discovered this when my electric bill was really high this month. I noticed there was a vent in the hallway on the wall of my apartment and my roomate made a joke about it probably taking our cold air. I looked into it out of curiosity and sure enough, it was my air. I have a done of documentation, including a video of me showing the air coming from the vent when I shut mine on and off.
Ive lived here since April of this year, but my roomate has been here since March of 2008.
I live in Ohio in a Duplex on the 1st floor and the other tenants live on the 2nd floor. We have a floorure when you 1st come in, my door is on that level and then there are stairs leading up to the 2nd floor apt. It was a 2 story house split in to a duplex. One of the 1st questions I asked when looking at the apt is, how good does the air conditioner work. The Landlord said, oh it works great. I like to keep my apt very cool and living on the 1st floor in this neighborhood and being a woman I wouldn't be opening my windows...... we have a full basement and 2 car garage. Both tenants can use the basement as storage and our washers and dryers are down there. The 1st summer was hot and I had the air down all the way with 5 fans running in the house and it was still hot as hell. That's when I noticed how cool the basement was AND found out by questioning that I was heating and cooling the downstairs AND also found out that the electric downstairs (except for the other tenants washer and dryer) was on my electric as well as the outside lights and big flood light out back that comes on at dusk and goes off at dawn. My electric bill run 3 to 4 hundred a month and that's huge. I've since then covered the duct work that are in the hallway and basement but I'm still losing air or heat that should be going into my apt only because it still is traveling through all that duct work. I've asked the Landlord if he can have the electric in the common area be put into his name and separate it from my bill. He told me it doesn't cost that much in those areas AND he doesn't have to in a two family home/duplex. I said a common are is a common area no matter what size it is. He said it isn't. Well as I know he's a cheap-scape anyway because of how he doesn't fix anything and the smoke alarms buzzed so much and I told him the batteries needed changed now they are just sitting down in the hallway and basement still waiting for him to put in a new battery now for several months now. My question is, do I have to pay for the common area or should the Landlord? What is my rights and why should I have to pay alone for something the other tenants use too.
Not a Happy Camper!!!! And trust me I can go on and on about this Landlord. We have a double oven the top oven which is the bigger normal size oven has stopped working not long after moving in and one of the burners on the stove hasn't worked that long too. I've asked him several times, oh yeah I will I forgot all about that. Well its been almost FOUR years now. Also one of the front porch light stays on 24/7 I told him about that. It should come on at dusk and go off at dawn and remember I'm paying for the electric on that. Also I'm the one that changes all the light bulbs in the common area. A matter of fact when we first moved in about all the light bulbs were burnt out and I changed them all. We were supposed to get a new picture Window in the living room now 3 years ago and hard wood floors were supposed to be installed that long ago too. Oh and he said he was installing a camera system the kind I can turn on my tv and be able to view as he has in all his other apartments still waiting on that now going on 4 years. Now when the neighbors above me moved in almost 3 years ago he advertised it stating with security camera system because I read the ad but we are still waiting....... Heck they are still waiting for their clothes rods in their closets and a broken Window from the last tenant to be fixed (which she was a section 8 tenant). Go figure why he likes section 8 tenants better as we are not nor are my neighbors but the other rentals he has I guess that's all he rents out to and says he prefers tonrent to section 8 more. Also my apartment door is a bedroom door not even a solid door like by law it should be. Shouldn't the Landlord keep the common areas cleaned? Down stairs has mold starting and I mentioned it to him and how that can just take over the house and grow not to mention it's not safe. HIs comment was, OH I can get some of this paint to go right over all that. It's still there haven't seen no paint yet. He's a nice guy and don't get wrong I like him but I don't like how he keeps his rentals. He's cheap but he wants HIS money......... He really had me fooled when looking at this place on how great of a Landlord he was and how well he keeps his rentals up!!!!! NOT......
Last edited by Tenants Rights; 10-25-2014 at 01:23 AM..
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