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Can a Landlord Divide Utility Bills Between Tenants Without Submetering

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  • 01-29-2016, 12:37 AM
    bmartee913
    Can a Landlord Divide Utility Bills Between Tenants Without Submetering
    My question involves landlord-tenant law in the State of: Hawaii

    Hey guys! My lease agreement is now month to month. In the agreement, it states that my rent includes a credit of $150.00 towards utilities. My landlord has decided to bill each unit for electricity but the building only has one meter attached which means he doesn't know which unit is using how much electricity. He now states that we owe him quite a bit of money over the $150.00 credit because as he averages out the building, our consumption has exceded the credit amount.

    My question is can he just decide to average out the electricity bill among the tennants without submetering the unit and if not, where can I find the actual law stating that? I've read through the Hawaii Housing Authority manual and I can't find anything pertaining to this, but I could have overlooked it.

    Thanks in advance!
  • 01-29-2016, 03:17 PM
    Mr. Knowitall
    Re: Can a Landlord Divide Utility Bills Between Tenants Without Submetering
    If you are telling us that you agreed, in your lease, to paying $150 per month toward utilities and then later settling your account for a specified percentage of the actual utility bills, there's absolutely no reason why you cannot enter into such an agreement.
  • 01-29-2016, 06:46 PM
    bmartee913
    Re: Can a Landlord Divide Utility Bills Between Tenants Without Submetering
    He's billing me over the $150.00 but there's one meter shared by three units. I'm not sure if his assessment of the charges that are mine will be correct.
  • 01-29-2016, 06:52 PM
    adjusterjack
    Re: Can a Landlord Divide Utility Bills Between Tenants Without Submetering
    Quote:

    Quoting bmartee913
    View Post

    Hey guys! My lease agreement is now month to month. In the agreement, it states that my rent includes a credit of $150.00 towards utilities. My landlord has decided to bill each unit for electricity but the building only has one meter attached which means he doesn't know which unit is using how much electricity. He now states that we owe him quite a bit of money over the $150.00 credit because as he averages out the building, our consumption has exceded the credit amount.

    Your agreement is now month to month which means that the landlord may terminate your tenancy by notifying you in writing, at least forty-five in advance of the anticipated termination. See HI Rev Stat 521.71 (a):

    http://www.capitol.hawaii.gov/hrs200..._0521-0071.htm

    By implication, any change in the terms of the agreement would also require 45 days written notice and not be effective until the 45 days are up.

    How, exactly, did the landlord convey his decision to you?

    Quote:

    Quoting bmartee913
    View Post

    My question is can he just decide to average out the electricity bill among the tennants without submetering the unit and if not, where can I find the actual law stating that? I've read through the Hawaii Housing Authority manual and I can't find anything pertaining to this, but I could have overlooked it.

    And I've taken a quick look through the HI landlord tenant statute and didn't see anything addressing the issue.

    Here it is in its entirety:

    http://www.capitol.hawaii.gov/hrs200...-0588/HRS0521/

    When a landlord's practice is not prohibited then it is allowed. His method is common and there is, so far, no indication that I have found that renders the practice illegal.

    Your option is to give your notice [28 days - paragraph (b) same link as above] and find another place to live that has terms to your liking.

    Beyond that, it appears that you don't have to pay him anything extra until he gives you proper written notice of the change in terms.
  • 01-29-2016, 07:37 PM
    bmartee913
    Re: Can a Landlord Divide Utility Bills Between Tenants Without Submetering
    Okay I see. So you're saying where a practice isn't prohibited then it's allowed is a pretty good rule of thumb? It may just be that I need to voice my concern because a couple of the tenants have AC units but aren't supposed to. I feel that I'm having to pay for their AC. When I moved in, I replaced all the bulbs with either CFL or LED lights to make sure the energy consumption was as low as I could get it. We have coin operated laundry facilities so that's not a factor and one water heater for the unit.
  • 01-29-2016, 07:55 PM
    llworking
    Re: Can a Landlord Divide Utility Bills Between Tenants Without Submetering
    Quote:

    Quoting bmartee913
    View Post
    Okay I see. So you're saying where a practice isn't prohibited then it's allowed is a pretty good rule of thumb? It may just be that I need to voice my concern because a couple of the tenants have AC units but aren't supposed to. I feel that I'm having to pay for their AC. When I moved in, I replaced all the bulbs with either CFL or LED lights to make sure the energy consumption was as low as I could get it. We have coin operated laundry facilities so that's not a factor and one water heater for the unit.

    You do have the option of giving notice that you are moving out because of the landlord's policy. Landlords only get away with doing that sort of thing if they have tenants that are willing to accept that.
  • 01-29-2016, 10:08 PM
    adjusterjack
    Re: Can a Landlord Divide Utility Bills Between Tenants Without Submetering
    Quote:

    Quoting bmartee913
    View Post
    Okay I see. So you're saying where a practice isn't prohibited then it's allowed is a pretty good rule of thumb?

    Yes.

    Quote:

    Quoting bmartee913
    View Post
    It may just be that I need to voice my concern because a couple of the tenants have AC units but aren't supposed to.

    Describe the premises. Is it a house that's been divided into 3 apartments. Like basement, first floor, second floor? That would explain a single meter. If so, one think you might check on is whether the house was divided into 3 units legally. You can call the city building department. If it was done without a permit or in violation of building codes, you might have some leverage over the landlord's new terms.

    It's hard to imagine a triplex designed for three apartments being built with one electric meter but I suppose it's possible. I don't know anything about Hawaii building codes.
  • 02-01-2016, 01:18 PM
    bmartee913
    Re: Can a Landlord Divide Utility Bills Between Tenants Without Submetering
    Yeah it was once two single family dwellings. I believe the style is called a split foyer. Each dwelling has a 1200 square foot "apartment" upstairs, and two smaller ones downstairs joined by a "common area". The doors are still installed as if it were still a single family dwelling but have double deadbolts on them. There's a LOT of those in Hawaii especially Maui. The landlord is a pretty well known guy here...retired firefighter from an established family. I'm not sure if the legality of the dwelling is a fight I want to take on.

    On a side-note....he sent me a letter detailing about $1,000.00 in repairs he said I needed to make. The "repairs" were the condition of the unit when I moved in. Basically he needed repairs done and decided to have an inspection so he could make a punch list of things. In the same letter he advised me that my rent would increase by $200 in about two weeks from the date of the letter. Along with my rent payment, I included the Hawaii Housing Authority handbook and highlighted the sections detailing the 45 day notice required when changing the terms of the agreement once it becomes month-to-month.

    I also highlighted the area that says it's his duty to make an inspection and inventory of the unit prior to me moving in and that we would both need to sign it and retain copies for future reference which never happened.

    This letter is what brought on the whole issue with the electricity bill being divided between the units. I've spoken with other tenants and it appears that I was the only one who received a letter saying I owed more than the $150.00 allowed for electricity that's included with my rent.
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