Legal Question in Credit and Debt Law in California

Billing for Unauthorized Utilities Costs in Apartment Complex

I have been receiving an bill for utilies (i.e water, waste water, trash charge) since I moved into my apartment almost 2 years ago. It surprised me when I received the first bill. It was never disclosed to me nor did I sign anything as part of my lease stating that I would have to pay these charges. It definitely makes a difference in what my actual monthly rent amount would be. Am I liable to pay these charges? The billing service that handles the billing on this says meters were put in to help the property owners cover this expense. I would think this would need to be disclosed at the signing of the lease. Thank you.


Asked on 2/03/02, 12:10 pm

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Billing for Unauthorized Utilities Costs in Apartment Complex

You need to take a look at your lease. It will generally state what utilities are included in the rental amount.

Two years is a little late to complain about this expense. If this is something new, then you are very likely not responsible. If the landlord paid these expenses for 18 months, there is an implied agreement that they are part of the lease, whether it so states, or not.

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Answered on 2/03/02, 1:25 pm
James Burns R. Zebulon Law & Associates

Re: Billing for Unauthorized Utilities Costs in Apartment Complex

You should examine your lease and determine if this is included as partially paid utilities or not. I would concur with the other advice given that this could constitute an implied agreement to cover those utilities if the landlord paid them.

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Answered on 2/03/02, 2:14 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Billing for Unauthorized Utilities Costs in Apartment Complex

Utilities are used by you and, without an agreement to the contrary, are your responsibilty. You will soon find out that if you do not pay the bills, your water, electricity and garbage collection will be terminated. Then who suffers?

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Answered on 2/03/02, 3:11 pm


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