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  1. #1
    Join Date
    Aug 2015
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    Default Can the Landlord Change Utility Policies During Lease

    My question involves landlord-tenant law in the State of: Florida

    I currently have a one year lease with my townhouse. In my lease it states I pay my own water/sewage/trash which I have been doing. Recently my complex sold out to a new management. Upon this I get a letter that states they will no longer use the previous water company and I will pay them directly a set amount (which amount is ten dollars more then my average bill). Would this be something that they can correctly do?

    Thank you,

    Randy

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: Can the Landlord Change Utilities During Lease

    Quote Quoting RandyH
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    My question involves landlord-tenant law in the State of: Florida

    I currently have a one year lease with my townhouse. In my lease it states I pay my own water/sewage/trash which I have been doing. Recently my complex sold out to a new management. Upon this I get a letter that states they will no longer use the previous water company and I will pay them directly a set amount (which amount is ten dollars more then my average bill). Would this be something that they can correctly do?

    Thank you,

    Randy
    Maybe...it would be a violation of the lease, but if they are changing the company for the entire complex it might not be possible for them to honor that provision in your lease. In addition the amount involved is so small that it might end up costing you 10 times more to challenge it.

  3. #3
    Join Date
    Mar 2013
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    18,340

    Default Re: Can the Landlord Change Utilities During Lease

    Quote Quoting RandyH
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    In my lease it states I pay my own water/sewage/trash
    Really? Is that what it "states"? Or are you just paraphrasing?

    What, exactly, does the entire provision say - word for word?

    Besides, your lease is with the owner of the townhouse and not with the HOA, right? So, whatever the HOA rules are, your landlord has to abide by, and there are likely provisions in your lease that pass that compliance on to you even if that compliance might conflict with the terms of the lease.

    I suspect that, when all is said and done, you aren't likely to have any choice or any recourse.

  4. #4
    Join Date
    Jun 2015
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    988

    Default Re: Can the Landlord Change Utilities During Lease

    There are a lot of missing details.....and the answer may be maybe....and it may be that your LL needs to pay the new rates and you are only responsible to meet the rates as it they existed as in the original deal. And for that matter, it's not clear if you fail to go along with the new HOA deal just who has what burden....at least in my area to shut off a tenants water is a big pile of "issues" and it may be so in yours as well.. In a well written lease from LLs side you may well be required to pay the new arrangement ...but that requires speculation as to what your lease says and means .
    IF you go along with the new deal you are probably deemed to have agreed to same .
    IF you chose to object , I'm inclined to,see it as does adjusterjack....when all is said and done , you aren't likey to have any choice or recourse.

    There may be a point that if your lease requires that you pay for actual consumption and the new deal is a flat rate ....what I Suspect is that the new deal is a revenue source for the new management.
    But again, your odds to,come out where you once were are slim

  5. #5
    Join Date
    Nov 2013
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    Default Re: Can the Landlord Change Utilities During Lease

    Quote Quoting RandyH
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    Recently my complex sold out to a new management. Upon this I get a letter that states they will no longer use the previous water company and I will pay them directly a set amount (which amount is ten dollars more then my average bill).
    How, exactly does one change their water company? And who is them?

  6. #6
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    Default Re: Can the Landlord Change Utilities During Lease

    Odds are we're talking about a switch to RUBS (ratio utility billing system) or submetering, not an actual change of water utility.

  7. #7
    Join Date
    Aug 2015
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    3

    Default Re: Can the Landlord Change Utilities During Lease

    I apologize for my improper grammar usage. Try the best to explain details from here on out.

    Number 32 on my lease and I quote,
    "32: UTILITY: NO UTILITY service to the Resident's apartment will be paid by Landlord.
    Water, Sewer, Trash, Electric, Cable, Telephone service to the Resident's apartment unit will be paid by the Resident. Resident's water bill will be calculated as follows: From the Utility Provider's water bill for the entire apartment community (less any common are deduction), a portion will be allocated to the Resident based on the square footage and number of occupants of the Resident's apartment unit OR if the community is individually metered, the Utility bills will be issued by the Billing Company for each individual unit.

    Utility bills will be issued by the Billing Company. Utility bills will be issued separately from rent and are to be paid separately from rent. Resident's utility payment is due when they receive their bill. Resident's payment must be received by the billing company by the date stated on the bill, or Resident's payment will be late. If a payment is received after that time, Resident will be responsible for paying a late fee as assessed by the billing company. If Resident does not pay the bill within a reasonable time the Billing Provider will notify Management. Resident's failure to pay the utility bill is a material and substantial breach of the Lease and shall entitle Management to exercise all remedies available under the Lease. Management is entitled to use Resident's security deposit to recover unpaid utility charges. failure of resident to notify management of leaks or faulty plumbing shall not waive residents billed usage amount. "

    The letter I received on my doorstep and I quote
    "July 29th, 2015
    This notice is to advise all resident(s) of a few changes that are being made to XXX Place. Effective August 1, 2015 the water/sewer/trash will no longer billed through XXX energy, it will now be a flat rate of $43 due with your monthly rent amount every month. "
    Other changes are about new employees. We have no HOA in our complex I rent through a property group, LLC. This is the letter I received when they sold, and I quote.

    " July 15, 2015
    To: All Tenants at XXX Apartments

    Re: Acquisition of XXX Apartments

    Dear Tenants:
    We are pleased to announce that XXX Property Group has today acquired the XXX Apartments (the "Property") from XXX Management. XXX Property Group's address is XXX. Your security deposit (including any pet deposit) paid in accordance with your lease at the Property ("Lease") has been transferred to XXX Property Group. From this day forward, all checks and money orders payable to the landlord under your Lease should be made payable to XXX apartments, LLC at the on-site manager's office."

    Hope this helps anything I left out earlier. This is my second lease with this complex and upon my first my rent went up fifteen dollars. Now they are adding another ten dollars. I feel like there penny pinching this and it's not right. Just trying to be more informed and knowledgeable. Not really planning on going to court over something like this but also don't want to just roll over.
    Thank you again.

    Randy

  8. #8
    Join Date
    Mar 2013
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    18,340

    Default Re: Can the Landlord Change Utilities During Lease

    You got us off on the wrong track with the word "townhouse" when you are actually renting an apartment from an apartment complex.

    Now that you've cleared that up I don't see anything in the quoted lease provision that prohibits the change in billing method.

    I would guess, however, that there is likely a provision elsewhere in your lease regarding administrative changes enacted by the XXX Apartments.

  9. #9
    Join Date
    Aug 2015
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    3

    Default Re: Can the Landlord Change Utilities During Lease

    Apologies, I always considered a two story apartment a townhouse.

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