My name is Melissa and I live in Maine. I am in the process of moving out of an apartment where the tenant pays for heat and hot water. My question is, do I need to have the same amount of oil in the tank when I leave as I did when I first moved in? The apartment I was in before that was the same situation. I moved in with 1/2 a tank and moved out with 1/8 and the landlord kept all of my deposit for oil. Does she have that right even though the landlords do not pay for heat at all?

Does she have that right even tho the landlords do not pay for heat at all?Hello Melissa:

Well, if you left less oil than you started with, then the landlord WILL be paying for your utilities.

Your old landlord should have deducted the exact cost of the oil to bring the tank back to where it was, and not a penny more. If you let them get away with deducting more, then that's on you.

To answer your question, you need to leave the tank exactly like you found it.

excon

Even though the landlord doesn't pay for utilities? The renters are responsible for the oil, not the landlord.

What does it say exactly in the lease you signed? Does it state unequivocally that you must replenish the tank to the exact level it was? If it states this then you must refill the tank. Did your old landlord have something that stated that you must replenish the tank? If it was not stated as such then he kept your money artibrarily and was wrong doing this. This just might be some kind of hokey local rule or obscure ordinance with him keeping the money to replenish the tank. Best bet is to go over your lease with a fine tooth comb for any clauses stating you must replenish. Was there any kind of oral agreement at the time you signed the lease about this refilling of the tank?

We never signed a lease at either place. There was no oral agreement about oil either.

My name is Melissa and I live in Maine. I am in the process of moving out of an apartment where the tenant pays for heat and hot water. My question is, do I need to have the same amount of oil in the tank when I leave as I did when I first moved in? The apartment I was in before that was the same situation. I moved in with 1/2 a tank and moved out with 1/8 and the landlord kept all of my deposit for oil. Does she have that right even tho the landlords do not pay for heat at all?
You are in an unusual situation. How does one move to an apartment without signing a lease? I think if you had no agreement and it not written on paper with your signature on it. You should not have to worry about this situation. If you want to be the good guy leave the tank as it was when you first moved in. How do you search for your apartments? Through the new paper? What state do you live in? Have you ever tried the Apartment People? If not, here is their number 773-248-8800. Call them the next time you are looking for an apartment they will help you search for one at no cost to you.

The first one was through a friend and the second one was from the newspaper. Its not that I don't want to be the good guy, I just can't afford it. The landlord didn't tell us the house was extremely inefficient and we ended up with a $1200 oil bill for 2 months of oil keeping the heat down to 55degrees. Thanks to everyone for your help.

My name is Melissa and I live in Maine. I am in the process of moving out of an apartment where the tenant pays for heat and hot water. My question is, do I need to have the same amount of oil in the tank when I leave as I did when I first moved in? The apartment I was in before that was the same situation. I moved in with 1/2 a tank and moved out with 1/8 and the landlord kept all of my deposit for oil. Does she have that right even tho the landlords do not pay for heat at all?
I am sorry to hear that. I truly hope that everything works out for you.

Even though the landlord does not pay for the heat they DID pay for the oil you used so yes you are responsible for the difference and I suppose them taking it out in the security deposit should cover the difference somewhat.
Its like renting a car you take it back with the same amount of gas you got it with.

Yes, you have to leave the tank the same as you found it.

Normally a landlord would fill it up before you move ( or require the last tenant to do it, then when you move it , it would be full, and then they expect it to be filled when you leave or pay for it if they do it.

But yes, if it was 1/2 when you moved in, the landlord can bill you for bringing it up to 1/2 ** if they fill it up to 1/2, if they don't fill it up to 1/2, then of course they can't bill you for it.