Legal Question in Landlord & Tenant Law in California

Hello,

I live on a boat in a marina in Sausalito, CA. In the past we each had meters that measured our electrical usage and we each paid accordingly. As time past and meters stopped working, the landlord estimated peoples usage and charged a flat rate each month. Recently, he has decided he has not been charging enough and is given each tenant a random additional charge to cover his shortages regardless of your usage or the marina's usaage, bathrooms, construction, christmas lights, etc. Is this legal to randomly choose a figure to each tenant as there is no way of knowing who used what and folks are being asked to pay an additional fee without any additional individual readings?

Thanks very much


Asked on 3/16/10, 12:36 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

No, what the landlord is doing is not legal. Both the laws governing floating homes, and the California PUC regulations make it clear that if a landlord is going to pass-through utilities, they must do so accurately, and at the rate they pay with some additional costs. They cannot make utility pass through a profit center. There have been numerous lawsuits in mobilehome park (similar situations) where the park owners ended up being liable to the tenants for failing to properly bill the utilities. Contact the Public Utilities Commission of California for more information on sub-metering utilities.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/22/10, 9:41 am


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