Paid Extra for a Utility That Was Included in My Rent

**jeanguy84** · 01-09-2009, 03:45 PM

My question involves landlord-tenant law in the State of: Illinois (Chicago)

I moved into my current apartment in 2007. When I signed my lease, it stated that water and heat would be included in the monthly rent. However, after I moved in, I was contacted by the gas company asking me to set up an account to pay for gas. I figured that this would be for cooking gas, which would be separate from the heat.

It turns out that I was paying a monthly bill for both cooking gas and heat. Am I able to charge my landlord for the money that I paid to the gas company? The landlord was supposed to pay it, not me. I still have the lease that states "HEAT IS INCLUDED" and it's actually in caps!

Thank you!

**Mr. Knowitall** · 01-11-2009, 07:09 PM

When you discussed this with your landlord, your landlord said what?

How many units are in your complex?

Was it the onset of winter that caused you to realize you were paying for the furnace?

**jeanguy84** · 01-11-2009, 08:29 PM

I spoke with the management company. They said I should have realized that having a furnace meant having to pay for gas.

When winter hit, my gas bill went from $20/month to about $100/month, with the highest being around $115.

**Mr. Knowitall** · 01-11-2009, 09:02 PM

Woulda, shoulda... the lease says heat is included. You didn't answer the question about the number of units. If this is a house, it's common sense that you would have only one gas line running to the house, and if you're paying electric then... how else would the house be heated. (But even then, the lease says what it says.)

The problem is, what do you do about it? Wait until you move out, then sue to try to recover the money? Send your landlord a bill, and hope it doesn't sour relations for the remainder of your lease? Withhold rent, and see who the court sides with when your landlord tries to evict you? I don't see an easy answer.

**jeanguy84** · 01-12-2009, 05:39 PM

The building is 37 units. I talked with some of my neighbors, and they said they've paid for all gas from the get go.

I've been juggling the same questions you asked. I can't come to a solid conclusion. I think I just need to sit down and talk with the management company to work something out.