If I rent and apartment and we have a real estate tax on our garbage/sewer bill, are we required to pay this?

It doesn’t specifically state on the lease; it just states we pay all utilities. However this is not a utility it is a tax that the prop owner pushed onto us. Do we legally have to pay this if not stated in the lease?

Asked on August 29, 2011 Utah


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are wise to have carefully read your written lease with your landlord for the rented unit in that its terms control the obligations you owe the landlord and vice versa for the rented unit in the absence of conflicting state law.

If the monthly utility bill for garbage/sewer has a stated tax amount on it, then it seems that as part of the agreed upon payment of the utilities, you as the tenant are obligated to pay the entire monthly amount stated on the utility bill including the taxes assessed. If a separate tax bill is assessed for garbage and sewer by the utility company, then you should not be obligated to pay that amount.

Good question.

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