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

    Aug 3, 2009, 06:28 PM
    Unlawful water billing?
    Recently my water bill almost doubled, which I initially assumed (like so many other residents I have talked to about this) the reasoning was due in part to higher water usage during the summer months. On closer review of my bill, I noticed it was due to the increase in cost per unit. When we questioned the apartment management staff concerning this, their initial response was the City of Henderson raised their rates. We contacted the City of Henderson and they told us they had not raised their rates in years. When we presented this information to the management team, they immediately retracted their previous comments (because they were caught in a lie), and told us THEY increased our rates. They said they were paying a portion of our water bill and their corporate office decided to no longer do this, which is why our water bill almost doubled. This immediately seemed very shady to me so I asked them where the water meter for my apartment was located. They gave me another song and dance about how they weren’t sure and would have to get back to me. I called the City of Henderson once again and asked them where my water meter was located for my apartment. The employee who assisted me informed me that, like 99% of the apartment complexes in Las Vegas, there was only a master meter that the apartment complex was billed for, which is why most apartments in Las Vegas paid the water because they have no way of individually billing each unit’s water usage. If this is the case, then how are they able to accurately assess my water usage for my unit? What gives them the authority to bill me without providing me an accurate and honest breakdown of my utility usage? Also, what gives them the authority to raise our water bill whenever they deem it necessary? What they are doing cannot be lawful. There are 200 units on this property, each paying on average $20/month for water based on a very official looking bill we receive from a billing company the apartment complex pays to bill us for water despite individual unit metering devices. Based on these numbers, the apartment complex is making approximately $4,000/month, or almost $50,000/year unlawfully charging it’s tenants for water.
    What can I do to resolve this issue, and what rights do we have as tenants that will enable us to recover damages for what cannot possibly be lawful actions taken by the apartment complex?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Aug 4, 2009, 06:31 AM
    Quote Originally Posted by Elevate View Post
    What can I do to resolve this issue, and what rights do we have as tenants that will enable us to recover damages for what cannot possibly be lawful actions taken by the apartment complex?
    Hello El:

    I believe you can get copies of the bills from the city... You can do the math to see how much they've overcharged you. Once you have that number, I'd sue them in small claims court...

    Be aware, that they'll probably NOT renew your lease.. But who wants to live with a crook for a landlord? You might have some added strength if you inform the rest of the building...

    excon
    KISS's Avatar
    KISS Posts: 12,510, Reputation: 839
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    #3

    Aug 4, 2009, 07:15 AM

    Our commercial building did't have a water meter. It was done by subtraction of a main meter. Eventually it got one.

    Ivesting in electronic metering for every unit and re-billing will be costly.

    All it takes is the apt complex to water a large lawn and the water goes up significantly.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Aug 4, 2009, 07:22 AM
    Quote Originally Posted by KeepItSimpleStupid View Post
    All it takes is the apt complex to water a large lawn and the water goes up significantly.
    Hello K:

    Seems like that's ripping off the tenants too. The pay rent so the complex can pay ITS bills.

    excon
    Elevate's Avatar
    Elevate Posts: 3, Reputation: 1
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    #5

    Aug 4, 2009, 09:33 AM

    Thanks for the responses! I spoke to the water company and they only have readings for the master meter, which makes it impossible to break down individual unit usage. This is the grounds for my complaint. Does anyone know if the attorney general's office would be able to fine them for their actions, or who I should talk to in Nevada to get this resolved? As of right now, the only thing I have been doing is drawing attention to it with my neighbors. Would getting a signed petition have any value?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Aug 4, 2009, 10:09 AM
    Quote Originally Posted by Elevate View Post
    Does anyone know if the attorney general's office would be able to fine them for their actions, or who I should talk to in Nevada to get this resolved? As of right now, the only thing I have been doing is drawing attention to it with my neighbors. Would getting a signed petition have any value?
    Hello again, Elevate:

    Bureaucrats?? Nahhh. They ain't going to help you. Nobody cares about your petition...

    The ONLY place for you to get relief is in the COURTS. If you win, the courts have TEETH. The question is, can you win. I don't know the answer.

    This isn't hard. The complex was billed x amount. IF you divide up x amount between how many apartments there are, you'll come up with a monthly amount. If that's what you've been billed, then you haven't been ripped off.

    If, however, you've been lining the company's pockets instead of paying your bill, you've been ripped off. Plus, if they're filling a pool and watering yards, you shouldn't pay for that. That's what you pay RENT for. There's some percentage of the water bill that you've collectively been paying that you shouldn't have. It CAN be figured out even if you can't do it...

    But, a LAWYER can. That's his job. If you've been ripped off to the tune you think you have, you should easily find a lawyer who'll gladly take your case - ALL of you.

    excon
    Elevate's Avatar
    Elevate Posts: 3, Reputation: 1
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    #7

    Aug 4, 2009, 10:56 AM

    Excron,
    I believe your method of billing is what the complex is using, which is my issue...
    I live by myself in the largest floorplan on the property. I should not be paying the same amount for water usage that a 4-5 person family living in the same floorplan as me. But talking to my neighbors... I am. So they are apparently basing the water bill on apartment size, not using a more accurate method, such as number of residents living in the apartment.
    Okay, so contact an attorney. I'm on it. Thanks for the advice.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Aug 4, 2009, 11:08 AM

    I know here it is common to divide the master bill between the different apartments normally by number of people in the household.

    The other way is to merely have a average amount that each apartment is billed, in my units each apartment pays 30 dollars each month for water.

    What does your lease say about payment of the water bill. That will in the end be the contract that you have to fall back on.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    Aug 4, 2009, 11:11 AM
    Quote Originally Posted by excon View Post
    ... Plus, if they're filling a pool and watering yards, you shouldn't pay for that. That's what you pay RENT for. There's some percentage of the water bill that you've collectively been paying that you shouldn't have. It CAN be figured out even if you can't do it...

    ...
    I sort of disagree. You have been benefitting from these common-use features as well.

    But there is one question that hasn't been asked yet: What does your lease say about water? Does it specify that you will be charged for your monthy water usage? Does it say how this monthly charge will be calculated? Does it imply that there are individual meters?

    I am guessing what is happening is that the apartment management has been estimating your individual water usage; and that they have recently come up with a possibly improved formula for making this estimate. It is possible that the lease language gives them the authority to do this, so you need to double check the wording of the lease.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #10

    Aug 4, 2009, 11:20 AM
    Quote Originally Posted by AK lawyer View Post
    I sort of disagree. You have been benefitting from these common-use features as well.
    Hello lawyer:

    If it was a condo, then sharing these expenses is common. But, they're PAYING a profit making company who owns the property, and who benefits from nice grounds. THAT company surly has utility bills for its expenses, among those watering the lawn and filling the pool should be included.

    I'll bet the tenants aren't billed for the lifeguard.

    excon

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