WHAT CAN I DO IF MY LANDLORD IS NOT PAYING THE UTILITIES THAT ARE SUPPOSED TO BE INCLUDED IN MY LEASE?

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WHAT CAN I DO IF MY LANDLORD IS NOT PAYING THE UTILITIES THAT ARE SUPPOSED TO BE INCLUDED IN MY LEASE?

MY LEASE SAYS THAT MANAGEMENT IS RESPONSIBLE FOR THE WATER /SEWAGE AND TRASH REMOVAL. TODAY MY WATER WAS DISCONNECTED SO I HAD TO GO TO THE WATER COMPANY AND PUT THE ACCOUNT IN MY NAME. I HAD TO PAY $150 TO GET IT RECONNECTED. IS THIS LEGAL?

Asked on June 17, 2011 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No, this not legal. A lease is a contract; it binds both parties. The landlord needs to provide those services that he, she, or it has agreed to. If the landlord does not,  you may sue the landlord for a court order forcing the landlord to provide the services; for monetary damages or compensation; or possibly to get out of the lease without penalty. The downside is, you need to bring a lawsuit, but while it is strongly advised that you consult with an attorney, to evaluate your rights and recourse and take action, this is something you could do yourself, if absolutely necessary. As long as the lease is clear as to the landlord's responsibilities and you have honored your own obligations (e.g. you're paying rent), then you may have a strong case. Good luck.


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