Is a landlord responsible for excess utility costs if his property’s electrical system is out of code and results in a safety issue?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a landlord responsible for excess utility costs if his property’s electrical system is out of code and results in a safety issue?
The property that I rent has seen a doubling in electrical utility costs. Upon investigation by an electrician the wiring coming from the electric company’s service to the circuit breaker box was not within code. The wiring had burned through the wire insulation and was arcing against the box, causing the electric to run at a much faster rate. The wiring was replaced with the proper size to meet code but, we have been left with a bill for electric that is double our usual rate.
Asked on September 8, 2011 under Real Estate Law, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have a written lease for the property that you are renting, read it carefully in that it sets forth the obligations that you owe the landlord and vice versa in the absence of conflicting state law. If the lease has provisions regarding maintenance and repairs, its provision will most likely answer you question as to whose responsibility it is for the excessive electrical bill due to lack of code compliance with respect to the breaker box.
Most likely the landlord would be responsible for the excess electrical charges due to lack of code compliance of the rented unit. The rationale is that under the laws of each state, a landlord is required to provide safe premises for his or her tenant.
The problem with the electrical box posed a safety issue until rectified. The landlord had an obligation to make reasonable inspections of the rental to make sure its condition was safe.
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.