How do I address my landlord breaking our lease by now charging us for utilities?

I have lived in my apartment complex for 4 years and our lease states that the landlord is responsible for water, sewer, and trash and the tenant is responsible for electric. We have signed a “lease renewal” every year, most recently 2 months ago which makes our lease effective for another 10 months. We just received a bill in the mail charging almost $100 for water, sewer, and trash. I called my landlord and she said the company has just decided to charge residents for these utilities. How do we move forward letting the company know that we are not responsible for these charges?

Asked on February 27, 2012 under Real Estate Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

By writing a letter by certidfied mail return receipt requested with a copy of the lease provision that states that they are responsible for these charges highlighted and attached.  A lease is a binding contract so they are bound by this agreement for another 10 months.  If they sue you for the money you have a great defense. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.