[buffybee]

I live in a large complex and my lease is up for renewal.

The new lease is stating the complex will no longer be paying the water, sewer and heat as part of the rental amount.

We do not have individual meters, so they will take the total amount due by the entire complex and divide that figure into how many people live in each apartment and that will be our share.

We can not control our heat and they have no way of knowing who is using how much of either.

I live in Glenolden Pennsylvania and am trying to find out if this is legal.

Please help.

[excon]

Hello buffybee:

Pa. landlord tenant law does not address the issue. Consequently, it's legal.

Is it fair? No, but that's got nothing to do with legal. Of course, you can always move.

excon

[Fr_Chuck]

Since they can not fairly divide up the water usage, what if you let your water run all day all month, you would be paying more because of their action. Also if you have just you and your neighbor has 4 kids they should be paying.

So I am not sure how they can not be liable for some law suits for not having a fair system. So since they can't come up with a fair system to charge your utilities, I doubt then it would be legal.

Of course unfair is sometimes also legal but I could not find a rule on it under rental, but I would contact my utility provider and see what they have to say.

[talaniman]

Yes this is legal in many large complexes in America and is the preferred way of doing business. Its called an allotment and has more to do with the city than the complex you live in.

[CaptainForest]

It is very unfair, so talk with them about it.

If you really do not like it, you can always move.

But as others have said, unfortunately this is legal.

[RickJ]

If enough people complain, then he could very well just raise everyone's rent to cover his average utility expenses.

If you love the place, I'd check into the local utility averages for number of occupants and approach the landlord to ask him if he'd consider just adding this amount to your monthly rent and leaving it at that.

If he says no, I personally would rather look for another place to live than battle over an issue like this.

[ScottGem]

Fair it isn't. As pointed out someone living alone can use more than their share causing people with larger families to pay more. But as long as the formula is applied equally to all tenants, then it may stand the legality test.

[buffybee]

Thank you all for helping me out with this. I appreciate all the information and have made the decision to move.

[bhayne]

Unless you can stick a water meter (sewer is just a percentage of water use) and a watt-hour meter on your heat, you are stuck.

City water is the same way. For my rental property, the city offered a free water installation installation to everyone that wanted to be billed every three months instead of annually. I accepted and after paying meter reading and meter rental fees, I still saved over $200 on my annual bill. I rent a 2 bedroom bungalo and it is surrounded by multi-family mansions. I think of all the money I paid in the past to support these glutonous places before I was metered! I know how you feel.

As a bonus, since I now meter the water, my tenants now pay the bill!

[s_cianci]

Talk to a lawyer about this one. Obviously, these things were previously paid by the complex out of your rent. Now they want the tenants to directly share in the cost of paying these items. Is the complex lowering your base rent as compensation since they're now directly assessing you for these utility costs? If not then I'd say it certainly sounds illegal, at least when done in this manner. They may have the right to raise your rent by a certain amount but that's not what they're doing here. If your base rent is lowered to allow for your utility assessment then keep track for several months and compare what you pay month-to-month under this new system to what your previous rent (which included the aforementioned utilities) had been. If there's a considerable difference that's not in your favor, then again I'd say you probably have a case for court action. Do you have a renters' association in your complex to help you and your fellow tenants address concerns like these? If not then maybe it's high time you started one.

[LUNAGODDESS]

Here in Texas we have the same situation; Our water and sewage bill and heating and air conditioning are separated from the rent… the water and sewage are determined by the square footage of the apartment and the amount of water and sewage used... rest are metered and can be accessed... the city has control over the water... our water is contacted and or lease out to many private contractors... for we are deregulated... there are problems... you just have to keep up with it... by calling your regulatory commission in your state... an agencies that handle utilities regulations
By, calling your regulatory commission in your state... an agencies that handle utilities regulations …Pennsylvania Public Utility Commission’s Bureau of Consumer Services at 1 800 692 7380 and website address: http://puc.paonline.com...