A question about deceptive landlord tenant relationships

[TZ]

Hi- Does anyone know what can be done when a landlord is dishonest about utilities with a renter? As in claiming that utility costs are reasonable but it turns out that the costs are 1/3 to a 1/2 of the rent (on top of the rent)? And the landlord REFUSES to do anything to help reduce the costs of said utilities to the renter?
TIA...:hi:

[LeftyMom]

1. Nothing really, unless it's in writing.

I suppose the tenant could write a letter documenting that they were given incorrect information about utility costs for the unit and asking to be let out of the lease. But that's about it, really, unless one wanted to break the lease and fight it out in court.

[TZ]

2. Hmm.

Nothing? And the landlord is not legally obligated to fix the residence to bring the costs down? I ask because a friend pays about 1500 a month and the utilities are another 500-700 per month on that. And while she's complained about lack of insulation, NOT ONE PENNY has been spent to maintain or insulate the house.
That would suck, this guy sounds like he's a bit of a con artist.

[LeftyMom]

3. Unless there's some local rule about utilities costs or degree of insulation.

If there's any work done on something else in the unit the landlord might have to bring the insulation up to code then, but otherwise landlords are required to provide a unit that meets habitability standards, but not one that meets those standards cheaply.

The tenant might want to contact the local utility and see if they have a low/no cost weatherization program, and see if s/he can make the arrangements. It sounds like getting the landlord to put much money into the unit is going to be a losing battle.

[LeftyMom]

5. If the tenant wants to stay in the unit,

some sort of "I'll do the install if you buy the insulation" or whatever agreement might be a reasonable compromise. I wouldn't bet on the landlord taking it, but an offer like that IN WRITING that was rejected would definitely help the tenant's case in court if s/he decides to break the lease.

Also, talk to the utility company. See if they can come out and do an assessment of what's needed to winterize the home and then get that in writing. That should show that the unit is deficient, if there's a lot of work to be done and a huge savings to be had once it's completed. They might also have a financing program which would help to persuade the owner to make the investment.

[Kat45]

7. Is it an old house?

If it's a really old house that has knob and tube wiring, the walls can't be insulated--fire hazard.

[suninvited]

4. this is a bit after the fact

but, the best idea is to check with the utility company before signing a lease. They will tell you what the utilities run in a house you are thinking about moving into.

My landlord told me that she wasnt sure but she thought the utilities in my place were under 100 a month. I confirmed it with the electric company and sure enough, I havent had a bill over 100 yet.

Other that that, there is no cause to break a lease because the utilities are too high. Unless it was guaranteed on the lease, but I highly doubt that is the case.

[Manifestor_of_Light]

6. Go see a lawyer with your written lease in hand.

Please. That's the only way to find out what to do.
You might have a Deceptive Trade Practices Act claim. I don't know the circumstances. Please go see a lawyer that does landlord-tenant disputes for a quick consult.

Yes I am a lawyer but I do not play one on TV. :D

[BeachBaby]

8. DTPA.

Good thinking. :)