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  1. #1

    Default Can You Break Your Lease if Your Landlord Won't Provide Itemized Utility Costs

    My question involves landlord-tenant law in the State of: Utah. Do I have rights as a tenant to break the lease if the landlord refuses to produce itemized cam charges after five failed attempts. I agreed to 25% of the Utilities which I have paid for 4 and one half years (I have 1 and a half years left). He has been using the 25% number for my cam charges as well. The building is 5,100 square ft I am 500 sq. ft. of this property. It states in the lease my pro rated share of cams which includes his property taxes etc... anything he has done on the property- NNN lease. The lease say's I owe 25% of all utilities nothing else. He blocked my business being sold saying he would attach the thousands (he say's) I owe him to their new lease. They bailed. I am holding back anymore Cam's until he produces the paperwork. Still no action on his part with the new bill today. I believe he knows he has been overcharging for three reasons 1- He hasn't evicted me for nonpayment. 2-Cancels appointments I make with him. 3- won't produce proof. Could I sue the bugger or just get the hell out of there (I'm beginning to think that's what he'd like so he take advantage of someone else). I've lost thousands besides the over payment I believe he's charged me. HELP what should I do ?

  2. #2
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    Default Re: Can You Break Your Lease if Your Landlord Won't Provide Itemized Utility Costs

    Quote Quoting redpoppysalon
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    Do I have rights as a tenant to break the lease if the landlord refuses to produce itemized cam charges after five failed attempts.
    No.
    Quote Quoting redpoppysalon
    The lease say's I owe 25% of all utilities nothing else. He blocked my business being sold saying he would attach the thousands (he say's) I owe him to their new lease.
    Thousands you supposedly owe him for what?
    Quote Quoting redpoppysalon
    I am holding back anymore Cam's until he produces the paperwork. Still no action on his part with the new bill today.
    That's not an unreasonable step to take, given the terms of your lease and the landlord's failure to provide documentation to support his utility billing. If he were to try to evict you, you could demand documentation of the actual utility costs.

    You can proactively sue him for a refund of overpaid bills, and demand documentation of utility costs and a refund of past overpayments. You would want to discuss with your lawyer how much the legal fees might be; the threat of a lawsuit or the filing of a lawsuit might also serve as a negotiating tool to get you released from the remainder of your lease and any further claims by your landlord. You can also wait until the end of your tenancy to try to recover the overpayments. There's a six year limitations period in your state for lawsuits based on breach of contract; three years for actions based on fraud.

  3. #3

    Default Re: Can You Break Your Lease if Your Landlord Won't Provide Itemized Utility Costs

    The thousands is $2,500.00 . He say's that's for unpaid cams. I asked him a couple of years ago for an itemized statement then recently when wanting to sell four more times. I've already paid the utilities at 25%. He is charging me 25% for cams as well. I have written in the lease 25% of all utilities not cams.

    - - - Updated - - -

    I asked for documentation four more times.

    - - - Updated - - -

    Lost 5,000.00 for the sale of the business

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can You Break Your Lease if Your Landlord Won't Provide Itemized Utility Costs

    Agree with Mr K.

    You have legal remedies that DON'T include breaking the lease.

    Consult an attorney.

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