Legal Question in Landlord & Tenant Law in California

Breech of Lease RE: Shared Utilities

Hi, I'm in student housing, its an apartment and i have a signed lease. The landlord told my roommate that our electricity is high and we will have to pay the difference. our lease says

''11. Utilities. Tenant shall be responsible for arrangin for and paying for all discretionary utility services desired by Tenant (such as phone/DSL, where applicable, and satellite/cable TV). Tenant shall be responsible for paying fixed share of all common utilities that include gas, electric, water, trash disposal, sewage, and phone/DSL service where applicable. The fixed monthly utilities for said property address are $60. This amount is due on the 1st of every month with monthly rent, and is considered late on the 6th of the month. A fifty dollar ($50) late fee will apply after the 5th.''

It is my understanding that by him trying to get us to pay more, he would be breeching the lease. What are my options? If he breeched the lease, would it be legal to put a lein on the property? and if so, would it be worth the trouble? any info would be greatly apprecaited. Thank you.


Asked on 3/08/06, 8:51 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Breech of Lease RE: Shared Utilities

If the lease says $60, that's what should be paying and nothing more. You're not breaching your lease if you pay that amount, unless the lease also has a provision for unreasonable use of utilities or perhaps abnormal use (whatever that means). At the same time, if you want to maintain good relations with the landlord, maybe you can work out a compromise.

Thus, based solely upon the facts you have provided and without my having the opportunity to review the entire lease, you seem right in paying $60 for those utilities listed. He'd have a hard time enforcing the lease unless it's expired and you're now month-to-month, in which case he could give you a 30-day notice to quit.

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Answered on 3/08/06, 9:45 pm


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