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    nehra4's Avatar
    nehra4 Posts: 3, Reputation: 1
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    #1

    Aug 30, 2010, 09:27 AM
    Paying for oil in tenants tank
    What are the "rules" for paying a tenant for oil in the tank. I have tenant that's leaving and not sure if I should pay for the oil remaining in the tank. My lease only says that the tenant is responsible for all utilities like heat, electricity... etc Thanks !
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Aug 30, 2010, 09:59 AM

    If he paid for the oil in the tank, then he is entitled to a refund from you for what is left in the tank. Otherwise, someone else is benefiting from the oil he paid for.

    Tick
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #3

    Aug 30, 2010, 11:15 AM

    I agree with Tick, because it's similar to how this is handled when you buy or sell a house with an oil tank. You have someone from the oil company come out and estimate how much oil is in the tank, and then the buyer pays the seller for that amount of oil at current prices. But if you do this with a tenant, and pay him for the left over oil, then you must also charge the next tenant for the starting amount of oil. In essence you are acting as a conduit for the next tenant to pay the previous one for the oil in the tank.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Aug 30, 2010, 12:03 PM

    I'm going to disagree here. If the lease specifies that utilities are the responsibility of the tenant, then it's the tenant's responsibility to deal with this issue, not the landlord's. That being said, I would handle this for the tenant. Do what ebaines said and have the oil company the tenant has used provide you with an estimate of the amount of oil left and the current price for the oil. Pay the tenant that amount. As part of the negotiations with the next tenant, advise them that they will need to pay for the oil currently in the tank.
    nehra4's Avatar
    nehra4 Posts: 3, Reputation: 1
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    #5

    Aug 30, 2010, 12:16 PM

    Appreciate the feedback. I'll pay the current tenant and then have a gentleman's agreement with the new tenant. Will look to update my renewal's with specific language in regards to the oil tank.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Aug 30, 2010, 06:08 PM

    What I always did, I filled the tank before the new tenant moved in. Then when they moved out they were liable to refill the tank for any fuel they used. So it was filled for next.
    If they did not, I would fill it and hold that from their deposiit or sue them for it.
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