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  1. #1
    Join Date
    Dec 2016
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    2

    Default Error in Lease Makes the Landlord Responsible for Utilities

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

    My tenants are about to begin their 9th month on a 12 month lease. They recently pointed out that their lease states that the: Landlord shall be responsible for payment of heat, electricity, water, and garbage. That was a mistake I made using a form that wasn't properly edited to state: Tenants will pay for utilities . Now the tenant is asking for me to reimburse them for the utilities that they already paid for the last 8 months, as well as pay them for the remainder of their lease period.

    Prior to signing the lease we had a conversation about who they would call to have the gas, electric (includes water) and garbage utilities in their name. I even gave them a typed list.

    Do I have any legal leg to stand on since it was 1. a mistake, and 2. we verbally had the conversation that they would need to pay their own utilities, and they paid them for 8 months?

    Any ideas fellow landlords about how I might settle this out of court?

    SK

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Mistake Stating That Landlord Will Pay Utilities

    It's a mistake in a contract you should have carefully reviewed prior to signing it.

    You are likely on the hook here but I'll let the folks who are more experienced with LL/T law chime in.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Error in Lease Makes the Landlord Responsible for Utilities

    Quote Quoting kittel.sue
    View Post
    Prior to signing the lease we had a conversation about who they would call to have the gas, electric (includes water) and garbage utilities in their name. I even gave them a typed list.
    Do you have a copy of the list? Do they admit that they received it? Do they agree that the lease provision is in error? Have they done so in writing?

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Mistake Stating That Landlord Will Pay Utilities

    Had it been a true mistake of fact, it might be voidable. However the contract lays out specific terms. Stupidity on the part of one party isn't a basis to rescind the contract (Ha-ha-ha-ha-ha! You can't fool me. There ain't no Sanity Clause!)

  5. #5
    Join Date
    Dec 2016
    Posts
    2

    Default Re: Error in Lease Makes the Landlord Responsible for Utilities

    Yes, I have a copy of the list. I have not had a conversation with them yet, scheduled for next Wed, Dec. 28th. I guess it would be good to have a witness when I do ask them those questions. The tone of the emails is that they feel they should be paid back. I don't want to get into in until we are face to face. What if I refuse to refund, or offer a lesser amount to drop it and sign a new corrected lease? They have spent $1700.00 so far in utilities. Their rent is 1800. a month. Any advice for that conversation next week is welcome. Sue

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Error in Lease Makes the Landlord Responsible for Utilities

    Quote Quoting kittel.sue
    View Post
    Yes, I have a copy of the list. I have not had a conversation with them yet, scheduled for next Wed, Dec. 28th. I guess it would be good to have a witness when I do ask them those questions. The tone of the emails is that they feel they should be paid back. I don't want to get into in until we are face to face. What if I refuse to refund, or offer a lesser amount to drop it and sign a new corrected lease? They have spent $1700.00 so far in utilities. Their rent is 1800. a month. Any advice for that conversation next week is welcome. Sue
    They have a lease that says plainly that the utilities are the responsibility of the landlord. If they decide to sue you, they certainly have a shot at prevailing. You have a defense that you verbally discussed utilities and gave them a list of contact information for the utilities, but I am not at all sure that you will prevail.

    I suspect that they think that somehow you have cheated/conned them into paying the utilities so far. Therefore, I think that you need to come up with more than one possible solution to the problem so that you have more to negotiate with. I also think that you need to be prepared to give them notice that the lease will not be renewed and that they need to move out when the lease expires, if you cannot come to some sort of amicable agreement.

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