Can a tenant be billed retroactively for utilities?
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Can a tenant be billed retroactively for utilities?
We rent an apartment and the rental agreement is month-to-month. A little over 2 months ago, on September 23rd, we received a Notice of Change of Terms of Tenancy, which in part reads as follows: “PLEASE TAKE NOTICE that, in accordance with Civil Code Section 827, thirty (30) calendar days after service upon you of this notice, or November 25th…, whichever is later, your tenancy of the premises will be changed as follows: Water to be billed directly to resident”. Prior to this the landlord paid the water bill. On or about November 23rd, we received a water bill from the Landlord’s agent. The water bill is for water used between September 13th and October 10th. Do we need to pay this bill?
Asked on December 1, 2012 under Real Estate Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Given the fact that you are on a month-to-month lease what the landlord did with respect to the notice given you is valid. If your lease was longer than a month-to-month lease then you would not have to pay the water bill.
As such, you are obligated for paying the water bill from the date of the notice onward.
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