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Thread: Is this legal?

  1. #1
    Rory Parker Behemoth's Avatar
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    Is this legal?

    The apartment complex I moved into last november is rent + utilities. My roomate is the one whose name is on the lease. The electric and cable we had to call to have turned on and put in our name and authorize that we indeed want this utility.

    The water and sewage works differently. The apartments are linked together in buildings of 4 and since there are not individual meters on each apartment each rented apartment (regardless of tenants occupying) pays 1/4th of the total. So one guy could leave his water running all day and it would cost us. To me this seems ass-backwards and not right but since my name isn't on the lease I obviously never read it. I'm sure this has got to be stipulated in it.

    Here's what I don't think is legal..

    The water and sewage comes from "energy billing service" I believe. This is not lumped into the rent we pay monthly but the apartment complex somehow has the authority to authorize this bill in our name? I guess this could be stipulated in the lease with a clause saying something like "leasee agrees to authorize EBS service in his/her name". Here's the kicker, a month after we moved in the bill came and it was in my name. I'm not on the lease. Grant it I write them a check each month and it has my name on it. But what if I was short on cash and my buddy wrote the check for my first months rent... they gonna just automatically put a bill in some persons name because they got a check from him? I don't see how this can be legal.

    I never said anything about it or anything and really wasn't worried about it. But I'm moving next month and I need to make sure that this bill is canceled and out of my name. Since I had zero say in initiating this service I'm wondering how do I go about being sure I cancel this service. Additionally the people who run this place are idiots and do a terrible job and I'd really like to be able to chew them out and tell them what they did was illegal when I remind them of all the other complaints we had too as we go.
    accuflex - LOLZZZZ!!!11one1!! SOEM PPL WORK THRE ARMZ!!!!11!! LETS KILL THEM111

    "You can fake effort with grunts and clanging weights but quiet, consistent hard work coupled with gradual strength increases earns universal respect in gyms" - Steve Colescott



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  2. #2
    Senior Member Butcher's Avatar
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    I beleive you should be able to request a paper from them stating you are canceling their services and your account has been fully paid. This should protect you incase they bill you later. I seem to remember doing this with a utility company a few years ago when I moved.

  3. #3
    House Lannister
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    Room mates not working out?

  4. #4
    Wannabe Rick James Genacide's Avatar
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    Something similiar happened to my wife when she was in college, but her name was on the lease. She ended up calling the rental company and demanded that they change it to her roommates name who was going to keep living in the place they had. She also brought up how could they put it in her name when she didn't authorize it and they gave her some lame excuse. When she called the power company directly they acted like it was common practice.
    "Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

  5. #5
    Rory Parker Behemoth's Avatar
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    Quote Originally Posted by chevelle2291 View Post
    Room mates not working out?
    Actually him and his gf are moving in together... plus me lol. Shes pretty cool so I'm all about it. Plus it's a big time upgrade and I'll be paying the same so I'm pretty stoked about it. Not to mention when she has friends over it's either the couch or my room
    accuflex - LOLZZZZ!!!11one1!! SOEM PPL WORK THRE ARMZ!!!!11!! LETS KILL THEM111

    "You can fake effort with grunts and clanging weights but quiet, consistent hard work coupled with gradual strength increases earns universal respect in gyms" - Steve Colescott



    I'd rather Situation be a member of this board. -Joey54

  6. #6
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    in most (all?) states it is illegal for a complex to bill more than the cost of the utility. what is most likely happening is that the city bills the complex and the complex's billing service bills the tenants. however, they can overbill units individually as long as their total reimbursement in aggregate is less than or equal to the total cost. so you could be using less than the billed amount for your unit and have no legal recourse

  7. #7
    Rory Parker Behemoth's Avatar
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    I actually just thought about PM'ing you instead of posting the question. Good answer to that Tim. What about the putting it in my name? How can anybody put a bill in somebodys name without them authorizing it? I could see if I signed my name on the lease and there was some stipulation in there, but I didn't. I'm not on the lease! I simply write them a check for 50%, they don't know who I am or that I even live here.
    Last edited by Behemoth; 08-02-2010 at 07:11 PM.
    accuflex - LOLZZZZ!!!11one1!! SOEM PPL WORK THRE ARMZ!!!!11!! LETS KILL THEM111

    "You can fake effort with grunts and clanging weights but quiet, consistent hard work coupled with gradual strength increases earns universal respect in gyms" - Steve Colescott



    I'd rather Situation be a member of this board. -Joey54

  8. #8
    Senior Member Jorge Sanchez's Avatar
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    It's not legal for them to put your name on the bill, assuming you haven't agreed to anything. They won't be able to collect on the bill if you don't pay it, although they may be able to come after the leaseholder.
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  9. #9
    House Lannister
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    Quote Originally Posted by Behemoth View Post
    Actually him and his gf are moving in together... plus me lol. Shes pretty cool so I'm all about it. Plus it's a big time upgrade and I'll be paying the same so I'm pretty stoked about it. Not to mention when she has friends over it's either the couch or my room


    Problem solved.

  10. #10
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    Behemoth, are you in a college town? If so they may have cheap/free legal advice to students.

    I had some issues with a landlord during my undergrad years not returning security deposit...saw an on-campus lawyer who helps advise students, only payed about $20. Got my security deposit within 3 days with no deductions!
    Last edited by Cmanuel; 08-24-2010 at 08:46 PM.

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