Legal Question in Real Estate Law in New Jersey

Water Bill

My husband and I own a rental property and are first time landlords. During the time that our tenants signed the lease my husband did not explain to the tenants that they are responsible for the water bill. It does state this in the lease that they are responsible. The problem is they viewed the lease right away and signed. Are we responsible for the water bill or are they? Also should we have given the tenants a few days to view the lease over before signing?


Asked on 7/06/07, 4:28 pm

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Water Bill

The legal obligation to pay the water bill is controlled by the terms of the lease. Your husband had no legal obligation to tell them that; nor did you have the obligation to tell them to read what they were signing.

The larger issue is your ability to deal with these issues as they come up. If you find the right attorney, he/she would be there to assist you when these issues come up. You should view the cost of having ready legal counsel as your cost of running your rental property. Then you can be assured that things will run smoothly.

Keep in mind that this information is given based on the scanty facts that you have provided. And no one can rely on advice from an attorney who has not been retained. In order to be able to rely upon any advice, you need to meet with and retain an attorney, who will be able to give you advice after a full and comprehensive interview. Before you do anything, you should contact an attorney for a full consultation. Feel free to call me to discuss your matter in more detail. Mention Law Guru and your first one hour consultation will be free. Good Luck! Rob Gleaner

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Answered on 7/06/07, 4:39 pm
John Corbett Corbett Law Firm LLC

Re: Water Bill

The tenants are responsible to pay the water bill if that is what the lease says. There are some circumstances not relevant here where a verbal arrangement might have an effect on how a writing is interpreted. I see no reason why the terms of the lease do not prevail based on what you have told me.

There is no issue with any period of review on the facts that you state.

You should, however, check the form of the lease to ensure that, if the tenants fail to pay the water bill, you can pay and charge it to them as "additional rent." It is very important that the lease use those words: Additional Rent.

If you have problems with your tenants and need some help, call me or email. My firm handles matters of this type.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 7/06/07, 4:40 pm


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