Legal Question in Landlord & Tenant Law in New York

2004 retro electric charges

NY Landlord has billed us for 2004 retroactive electric. Our lease states that should electric rates change we can be billed but also states for the ''12 months immediately prior to the rate'' I wrote them a letter stating same and they wrote back that their interpretation of that statement was not conistent with theirs and highlighted another portion of the lease with regard to Landlord's failure to bill on a timely basis does not waive their right to collect that amount or to bill the Tenant at any subsequent time retoractively for the entire amount. When their is such ambiguity in the interpretation of a lease phrase, who would the law support? Should I continue to withold the amount that they are requesting for 2004 and would I have a rebuttal to send back to them stating some precedents? We sent them out payment for the 2005 retro eletric but I have a hard time with sending them the 2004 additional electric and feel that they should have had more of a handle on their billing and sent this to us much sooner. Any thoughts and do I have a shot at not having to pay for this? Please get back to me at your earliest convenience as I need to respond shortly. Thanks, D


Asked on 10/10/06, 9:53 am

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: 2004 retro electric charges

I think you have a good argument that their pursuit of retroactive charges is untimely, assuming you did nothing that caused them the inability to timely discover the discrepency. I can't tell you you would definitely win in a court proceeding, just that your argument is defensible and sustainable.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 10/10/06, 9:59 am


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