[probe2522]

I just recently leased an apartment in the Boston area. The apartment is heated by oil and I’m currently having a dispute with the prior tenant about oil reimbursement. I initially looked at the apartment solo and when it was shown to me, nothing was mentioned regarding the oil. When my roommate looked at it, the real estate agent mentioned something about reimbursing the prior tenants for the remaining oil, but never stated an amount or anything specific. Because I work as a real estate agent, I assumed this information would be documented in the lease with a dollar amount and professional reading of the tank’s status (as of our September 1st lease date). When we signed the lease, there was nothing in it regarding reimbursing the prior tenants for oil, or anything of that nature. I would think we should pay that at the time we paid security, 1st month’s rent, etc…

I now have one of the prior tenant’s harassing me to pay him money for the oil that was left and he is taking me to small claims court. He is claiming I verbally agreed to it and that it was also in my rental agreement. He came over to my apartment one day (via trespassing) and showed me the agreement between the landlord and the real estate agency which stated the landlord’s fees (monthly rent amount, security deposit amount) and it said “tenant’s oil” with no dollar amount or anything. The prior tenant tried to convince me that this meant I had to pay him. He said the tank was 3/8 full, and threw out a dollar amount ($240-he rounded it from his last oil bill, from which I requested a copy).

Do I have to pay for this oil if it wasn’t in my lease agreement and if the tank was never looked at by a professional, but by the prior tenant’s themselves? Please Help, I want to put him to shame in court!

[Cvillecpm]

I just recently leased an apartment in the Boston area. The apartment is heated by oil and I’m currently having a dispute with the prior tenant about oil reimbursement. I initially looked at the apartment solo and when it was shown to me, nothing was mentioned regarding the oil. When my roommate looked at it, the real estate agent mentioned something about reimbursing the prior tenants for the remaining oil, but never stated an amount or anything specific. Because I work as a real estate agent, I assumed this information would be documented in the lease with a dollar amount and professional reading of the tank’s status (as of our september 1st lease date). When we signed the lease, there was nothing in it regarding reimbursing the prior tenants for oil, or anything of that nature. I would think we should pay that at the time we paid security, 1st month’s rent, etc…

I now have one of the prior tenant’s harassing me to pay him money for the oil that was left and he is taking me to small claims court. He is claiming I verbally agreed to it and that it was also in my rental agreement. He came over to my apartment one day (via trespassing) and showed me the agreement between the landlord and the real estate agency which stated the landlord’s fees (monthly rent amount, security deposit amount) and it said “tenant’s oil” with no dollar amount or anything. The prior tenant tried to convince me that this meant I had to pay him. He said the tank was 3/8 full, and threw out a dollar amount ($240-he rounded it from his last oil bill, from which I requested a copy).

Do I have to pay for this oil if it wasn’t in my lease agreement and if the tank was never looked at by a professional, but by the prior tenant’s themselves?? Please Help, I want to put him to shame in court!!

Let the Small Claims court judge decide it... I think you do since you will obtain the benefit of the oil in the tank.

This is VERY COMMON and you need to learn these ins/outs if you want to be successful in RE.

[scri8e]

This is New York Landlord Tenant law not Boston. Might give you some insight.

=snip=
OIL PAYMENTS
Tenants in oil heated multiple dwellings may contract with an oil dealer, and pay for oil deliveries to their building, when the landlord fails to ensure a sufficient fuel supply. These payments are deductible from rent. Local housing officials have lists of oil dealers who will make fuel deliveries under these circumstances. (Multiple Dwelling Law §302-c; Multiple Residence Law §305-c)

[MicaM]

Does your lease you signed mention this oil~?
You did not agree to it verbally or in writing so let them take you to court.
They have the burden of proof~!
Good Luck~!