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Hey everyone, I'm posting this for a friend of mine who is renting an apartment in one of the Denver suburbs.
Basically what is happening here is that the apartment complex he lives in had some kind of water line break a few weeks back. The plumbers were called and the water was shut off for most of the day while repairs were made. As far as my friend knows, this effected everyone in his building, which has roughly 10 units.
Now as I understand it, tenants of this complex pay their water and trash service bills directly to the complex, along with their rent. The bill for the water/trash services runs around $40 a month, give or take, based on their water consumption. The rent itself is just under $600 a month.
Anyways, today my friend goes to pay his rent and they inform him that the bill is $730 dollars. Demanding an explanation, he is informed that everyone's water bill will be higher for the next couple months due to the water line breaking. The apartment complex is essentially dividing the increased cost among all the tenants.
Obviously this has my friend very upset, and I'm hoping someone here can tell us whether or not this apartment complex's actions are legal. My gut says it's not, but I would appreciate a solid legal opinion.
That sounds totally bogus to me. Not sure if it is technically illegal or not, but definitely not the ethical thing to do by the landlord. I would fight it if I were the tenant. The landlord can't charge repairs to the tenants that weren't caused by damage from the tenant. Even if it said in their lease that they could, that might not even be a legal clause to have in some areas.
On the other hand, if the bill is only $90 more a month for a couple of months, it might not be worth the legal bill to fight it, unless the tenants all got together and split the legal bill.
City-Data is not the place for Legal Advice... with that said, your friend has every right to an explanation of the 3 fold increase for trash and water...
Maintaining pipes is generally not a tenant responsibility or is the added cost...
One option is to pay the bill under protest and then make a formal demand to the Landlord...
Once the demand is made, you have the option to file in small claims if you don't agree with the answer or if there is not answer...
Something sounds off... are you certain part of the increase is not a rent increase?
Something sounds off... are you certain part of the increase is not a rent increase?
He was told by the apartment office that the increase was due to the water line break. I'm not sure if the cost is for the water that was wasted when the line broke, repair costs or what.
If it was a rent increase I'd be less worried. He's only a few months into his lease so he's got some time before they can try to jack the rent on him.
He was told by the apartment office that the increase was due to the water line break. I'm not sure if the cost is for the water that was wasted when the line broke, repair costs or what.
If it was a rent increase I'd be less worried. He's only a few months into his lease so he's got some time before they can try to jack the rent on him.
Is the water cost fixed, or does he pay for usage from the state(or whoever)? If he pays for his usage I'd imagine they can get in some big trouble for trying to over charge him, maybe you can report him to the water authority(or whatever its called).
Is the water cost fixed, or does he pay for usage from the state(or whoever)? If he pays for his usage I'd imagine they can get in some big trouble for trying to over charge him, maybe you can report him to the water authority(or whatever its called).
The only way your friend is going to get a "solid legal opinion" is to consult with an attorney. Like Ultrarunner said, CD is not a place for legal advice. And even if it was it would be impossible for anyone to do so without seeing the lease. Initial consultations with attorneys are generally free - couldn't hurt for him to at least give that a try first. A letter to the landlord (sent certified, of course) outlining the outcome of the meeting with the attorney might be of help...if nothing else, to let the LL know that he's willing to fight having to pay the extra. And if he decides to pursue legal avenues maybe all of the tenants would be willing to help pony up any fees.
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