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korishka · Apr 8, 2011, 09:10 AM

A few years ago I moved into an apartment. I was paying 200-400$ electric bills because it was in a commercial building and I was paying the commercial rate. CL&P told me to go to the town hall and get a certificate of occupancy in order to get the residential rate. In doing so, they said there was no apartment in the building I was living in, gave me a copy of there blue prints (or what was supposed to be in that building) and told me I would need to move. So I did. I called the electric company and had them shut off my power on August 10th when I moved out and they told me it would be shut off on the 13th of August. A month later I received a bill for 301$. I refuse to pay it because I did not occupy that apartment during that month. I had called multiple times to have cl&p come out and check my meter and they failed to due so. Showing that if no one was living there I was paying electric for other parts of the building. Now 3 years later I'm getting threats from collection agencies for this bill. If the landlords at the apartment try to sue me for this, do I actually have a case? As far as I'm concerned, that apartment was illegal and therefore that lease was void. One more note is when we moved in they made us sign a 2 year lease in order to get our 1700$ security deposit back because a year lease they said they would've kept it for any cleaning. Please help.

JudyKayTee · Apr 8, 2011, 09:47 AM

Where? The lease is invalid in NY - you cannot rent an illegal property.

korishka · Apr 8, 2011, 09:57 AM

I'm in Connecticut.

korishka · Apr 8, 2011, 09:58 AM

I'm in Connecticut

excon · Apr 8, 2011, 10:33 AM

Hello k:

I'm not understanding something.. If YOU had an account with the utility, and YOU closed it, who sent you the bill? If it was your landlord, and it appears to be, you don't have to pay for TWO reasons, (1) you weren't there because the lease was invalid, and (2) the lease was invalid and that's why you weren't there.

I would write the collection agent with a certified letter. Do NOT talk to them on the phone. Tell them to cease and desist any contact with you whatsoever, and tell them that if they damage your credit report, you'll sue them to the fullest extent of the law.

excon

korishka · Apr 8, 2011, 10:39 AM

Well that's why I'm trying to get all my facts first. I moved out of the apartment on August 10th and the power was supposed to be shut off on the 13th, BUT they never shut it off so cl&p sent me another bill mid September and when I called cl&p about the bill the electric was never shut off. So to me, I shouldn't have to pay, not that or any remainding balance I had previously because it just proves I was paying electric for another part of the building. I left there because the town said there was not supposed to be an apartment in that building so they wanted me to vacate the apartment. Keeping in mind along the lines of the electric, this was a 1br, living room, kitchen bathroom. No oven till the last few months I was there, which I didn't use, no washer or dryer, nothing. Just a fridge, and a stove. NO WAY a monthly bill should be that high.

excon · Apr 8, 2011, 10:45 AM

Hello again, k:

So, it's the ELECTRIC company who's trying to collect?? If you received a letter, it should be clear WHO the original creditor was.

You could have beaten the landlord, but I don't think you'll beat the electric company... You should have dealt with it THEN. You got the bills and ignored them.

excon

korishka · Apr 8, 2011, 10:50 AM

Actually I didn't, I called and worked with the electric company to solve this, they would tell me they would call me back when they got all the information and then I wouldn't hear from them for months then I'd get harassed again, its been a constant cycle I've tried so many times to solve this. I'm going to write some letters to some people, I'm only on here asking for advice, not for someone to tell me what I should or shouldn't have done or did. I was 21 years old it was my first apartment.

AK lawyer · Apr 8, 2011, 12:52 PM

So CL&P stands for Connecticut Light and Power, perhaps?

You called them and they agreed to shut off the power on August 13th. Yet they are billing you for a time past the 13th? Why? Is there perhaps someone else in the building who insisted the power be turned back on?

Reading between the lines here, I suspect that there was some technical problem which made it difficult to shut of the power for your portion of the building only.

korishka · Apr 8, 2011, 02:05 PM

Yes I called them on the 10th and they said it would be shut off on the 13th. I was paying so much that myself and my family suspected that I was paying electric for another part of the building. Only other places in the building are the woodshop which is run by the landlord, a dance studio and a few other businesses. Which is why I had to go to the town hall to get the certificate of occupancy so I could get residential electric rates instead of commercial/industrial. So, CL&P wants me to pay that bill of 301$ for the month of August and September, but since the apartment was illegal and I was told bu the town hall I shouldn't have been living there, and the fact that I was probably paying someone else's electric I refuse to pay it. So now I have a bunch of collection agencies calling me and I have awesome credit!

JudyKayTee · Apr 8, 2011, 02:23 PM

Now I don't know what the question is - is the question whether the lease is legal or illegal or is it all about the utilities?

AK lawyer · Apr 8, 2011, 02:28 PM

Originally Posted by JudyKayTee

Now I don't know what the question is - is the question whether the lease is legal or illegal or is it all about the utilities?

Well, the OP asked " If the landlords at the apartment try to sue me for [the electric bill], do I actually have a case?" So I figure it's the latter.

There is also another tagged-on "note" about a deposit.

Fr_Chuck · Apr 8, 2011, 02:55 PM

Is the electric bill for any time after they were supposeto turn it off from your name ?

Or is the landlord suing you for rent money, I am confusee

korishka · Apr 8, 2011, 03:50 PM

I see now how that is confusing. In a way I wanted to know both. If the town hall said I had to move, wouldn't the apartment be illegal and because the eletric bill was billed for after I moved it would not be my responsibility since I called on the 10th and had it shut off?

korishka · Apr 8, 2011, 03:55 PM

I'm ultimately trying to figure out whether the apartment was illegal. If the collection agancy accepts the paper I have stating I moved out of there on the 10th, and they send the bill to the landlords to pay, I'm almost positive the landlords will come after me and try to sue me. So I'm just getting some opinions.

korishka · Apr 8, 2011, 03:57 PM

I'm asking if the electric company ultimately decides that I'm not responsible for the bill and they send it to the landlord I thnk they (the landlord) will try to sue me.

ScottGem · Apr 8, 2011, 04:02 PM

First please use the Answer options for follow-up questions or info, not the Comments.

Do you have any proof that a) you called on Aug 10 and b) they promised to shut off by Aug 13?

Without such proof, or proof you vacated prior to Aug 13, you may lose on the bill.

At this point the landlords have very little to do with it. You MIGHT be able to sue the landlord if you are forced to pay, by showing they you were made responsible for a meter that included other part s of the building.

JudyKayTee · Apr 8, 2011, 04:38 PM

Originally Posted by AK lawyer

Well, the OP asked " If the landlords at the apartment try to sue me for [the electric bill], do i actually have a case?" So I figure it's the latter.

There is also another tagged-on "note" about a deposit.

You'd be AMAZED how much time you save if you only read the heading... of course, my answer may not be right but...