Results 1 to 3 of 3
  1. #1
    Join Date
    Dec 2007
    Posts
    3

    Post Eviction for Late Fee and Water Bill

    My landlord (North CA) has filed to have me evicted for accrued late fees and a water bill which I disputed (i disputed the late fee also) from 2 previous owners. the total amount is less than $400 yet I have paid over $40,000 in rent over the past 2 years. with every request for payments for these 'late fees' I asked for a break down and informed them that i had 'issue' with them-but never got a response. over the past year I kept paying rent and they would accept. Over thanksgiving they decded to file the UD for the 400. I get a separate bill for water/E I don't pay the landlord (any more)

    So, Can utilities bills and late fees be counted as 'rent' subject to a 3 day notice. the lease does have some verbage saying that everything is 'rent' but I don't know how legal that is-
    CC 1671 says late fee are not. After the UD was filed they finally provided a breakdown and defined the amount AS late fee& old water bill.
    I can't find a legal code/case that says utilities can not be counted as rent even though the CA tenant handbook and other sites state, only rent can be used as cause for a 3 day, but through legal jargon they have turned every bill/fee into 'rent'. I'm sure the intent of the 3 day is for true rent and not other rent to be used. I want to file a demurrer but don't quite know how to say rent is rent, utilities is utilities. After all the the lease is written they could UD me if I did not pay ATT or comcast??? I think they just want me out do to the rapid rise in rents in my area over the last 6 months.
    advice/help needed asap.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Eviction for Late Fee and Water Bill

    What did your lease say about the water bill being paid as rent, back when the arrearage supposedly accrued? It seems from your post that at the time it was classified as rent.

  3. #3
    Join Date
    Dec 2007
    Posts
    3

    Post Re: Eviction for Late Fee and Water Bill

    lease says:
    "resident shall be responsible for payment of all utilities...."
    this I don't dispute but:

    my RENT DID NOT included utilites. So I paid rent AND had to pay additional amount for water/power which was variable each month. So if I'm responsible for paying utilies above what is specified as "rent" in the section titled "rent" how can they reclassify the disputed utilites bill (325,000 gallons in one month) as rent?
    for a brief time the owner would accept the water bill on top of the rent payment or I could pay the bill directly. this created mass confusion. so owner #2 stopped taking the water payment and instead told people to pay the bill (though I never saw that notice and according to the lease I am responsible for information even if I don't have knowledge/awarness of said information) so I kept paying the landlord. Of course I since I disputed the water bill it showed as a carry over balance to the landlord (even though I was not suppose to be paying him for water) and of course the lease allows him to distributes funds as he sees fit, so naturally the water bill which is in dispute he took off my check,thus making my check only a partial payment. this cycle went on and of course eventually some late fees were stacked on and so on and so on...
    Of course when they notify me of past balances they would just say 'balance' or utilities '$500' with no breakdown. I asked or a breakdown and would never hear another word...
    If i am to pay a billing company for water, how come the billing company is not coming after me for the old balance??

    1. Sponsored Links
       

Similar Threads

  1. Rent and Utilities: Water and Sewage Bill
    By frankc in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 06-17-2011, 05:42 AM
  2. Rent and Utilities: Late Fees for Non Late Rent, Water Bill Payment Applied to Late Fees
    By cwhite in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 10-10-2010, 09:07 AM
  3. Roommates: Roommate Left and Hasn't Paid Water Bill, Water is Getting Cut Off
    By sverdlovj in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 06-17-2009, 08:50 PM
  4. Eviction Process: Threatened With Eviction Over a Water Bill in Texas
    By twins7 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 12-29-2006, 05:49 AM
  5. Enormous Water Bill
    By Radioman in forum Real Estate Ownership and Title
    Replies: 5
    Last Post: 12-29-2005, 02:55 PM
 
 
Sponsored Links

Legal Help, Information and Resources