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  1. #1
    Join Date
    Feb 2016
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    1

    Default Billed for Two Years of Utilities at the End of a Commercial Lease

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

    My lease is up this month and as I'm moving out my landlord just gave me a utility bill for the entire 2 years of the lease. I had asked for the monthly utilities every month for the first 8 months and all he kept saying was that the city hasn't given it to him yet. The "bill" he gave me was just a number on a word doc he created with no proof or anything and it is over $14,000 for simple utilities of power and water.

    It seems extremely unfair to drop an almost $15K bill on someone with no proof of usage, that is obvious, but is it unlawful? The lease says that I pay for monthly utilities but like I mentioned he never once gave me one after repeated requests. Is it legal to give a 2 years back-dated utility bill with what seems like a made up number?

    What is the best way for me to fight this. This man has been an absolute terror to deal with and I want to do anything I legally can to fight it (he hasn't fixed the broken heat in over 80 days, we've had 10 leaks in the space for 2 years and the only thing he has ever done is try and duct tape the roof to "fix" it, our lease guarantees 12 parking spots but only gave us 9 and told me to f off when we complained about it...the list goes on and on).

    Thank you guys for the help.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Do I Have to Pay a 2 Years Late Utility Bill My Commercial Landlord Just Gave Me

    If you were liable for the utility costs and didn't pay them, yes, you are liable for them still.

    I would suggest requesting something directly from the utility companies to prove the amount.


    You should have not waited until the termination of the lease before insisting he provide you a bill.

    Its a a little late to complain about the conditions of the building now. You should have taken action during the time of the lease.


    As to the amount: it isn't really relevant but without relating it to the size and type of building and other factors it doesn't mean a lot. I can show you hundreds of buildings whose monthly electric bill is 5-10- or many more times that. It doesn't really matter though.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Billed for Two Years of Utilities at the End of a Commercial Lease

    Quote Quoting bealson12
    View Post
    Is it legal to give a 2 years back-dated utility bill with what seems like a made up number?
    Yes. And it's legal for you to say that you need to see the actual utility bills before you'll agree to pay anything.

    If he sues you for the money, not only can you demand proof of the amount in court, you may be able to convince a court that by virtue of his not billing you for utilities over the entire course of your tenancy, your landlord waived the utilities provision of the lease and should no longer be permitted to charge utilities. The general law of waiver was summarized forth in the following unpublished case:
    Quote Quoting Nixon v. Lafler (2014)
    Any contractual term is "subject to waiver by the party for whose benefit [it is] made. [Citation.]" (Galdjie v. Darwish (2003) 113 Cal.App.4th 1331, 1339, fn. omitted.) Contractual provisions may be waived by conduct. (Pease v. Brown (1960) 186 Cal.App.2d 425, 428; Savaglio v. Wal-Mart Stores, Inc. (2007) 149 Cal.App.4th 588, 598 (Savaglio) ["waiver may stem from conduct `which, according to its natural import, is so inconsistent with an intent to enforce the right as to induce a reasonable belief that such right has been relinquished.' [Citations.]"); see Bohman v. Berg (1960) 54 Cal.2d 787, 795 [when party to a contract accepts other party's performance without objection it is assumed the performance was that contemplated by the agreement].) "`The burden . . . is on the party claiming a waiver of a right to prove it by clear and convincing evidence that does not leave the matter to speculation, and "doubtful cases will be decided against a waiver" [citation].' [Citation.]" (Waller v. Truck Ins. Exchange, Inc. (1995) 11 Cal.4th 1, 31.)
    You're already moving out, so whatever grievances you may have about your landlord's management of the property will be resolved by your doing so.

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