massa_megatron
New Member
Below are portions of the lease in question:
"Rent per month: $xxx
Term (Months): 12
Commencement Date: August 1, 20xx
Termination Date: July 31, 20xx
SECURITY DEPOSIT (LAST FULL MONTH RENT): $xxx already on deposit with LANDLORD
PERMITTED USE: Private Residence"
"UTILITIES: Utilities include, but are not limited to, all cost & expenses for electricity, water, sewer, cable television, internet, pest control and yard & landscape services and will be due and payable by TENANT on a monthly basis in the same manner as Rent in the amount of $xxx per month, which is a balanced billing amount based upon a projected average to enable TENANT to budget accordingly. Should this amount change, TENANT will be promptly notified by LANDLORD."
"Tenant agrees to :
...
4. Pay monthly, in advance, no later than the end of the day on the first day of the month, the Monthly Rent and Utilities to LANDLORD at LANDLORD's Address.
5. Pay, as additional Rent, all other amounts due under this Residential Lease Agreement.
6. Pay a late charge of 5 percent of any Rent not received by LANDLORD by the tenth day after it is due.
7. Pay for all utility services used by TENANT and not provided by LANDLORD.
..."
This may not be possible to answer with this limited information, but there is no mention of rent and utilities being combined for a monthly lump sum amount in the lease. My "balanced billing" amount recently went up, which is obviously allowed per the lease, but I had a question for the landlord that he danced around and did not answer directly:
If, at the end of the lease, there is a material difference between the total balanced payments made, and the actual utilities incurred, could/is a refund/payment required?
The reason I took issue with the increase is because I thought it may not be justified.
Thanks in advance.
edit: This is a home with 4 tenants, each having a separate lease. Not sure if that matters.
"Rent per month: $xxx
Term (Months): 12
Commencement Date: August 1, 20xx
Termination Date: July 31, 20xx
SECURITY DEPOSIT (LAST FULL MONTH RENT): $xxx already on deposit with LANDLORD
PERMITTED USE: Private Residence"
"UTILITIES: Utilities include, but are not limited to, all cost & expenses for electricity, water, sewer, cable television, internet, pest control and yard & landscape services and will be due and payable by TENANT on a monthly basis in the same manner as Rent in the amount of $xxx per month, which is a balanced billing amount based upon a projected average to enable TENANT to budget accordingly. Should this amount change, TENANT will be promptly notified by LANDLORD."
"Tenant agrees to :
...
4. Pay monthly, in advance, no later than the end of the day on the first day of the month, the Monthly Rent and Utilities to LANDLORD at LANDLORD's Address.
5. Pay, as additional Rent, all other amounts due under this Residential Lease Agreement.
6. Pay a late charge of 5 percent of any Rent not received by LANDLORD by the tenth day after it is due.
7. Pay for all utility services used by TENANT and not provided by LANDLORD.
..."
This may not be possible to answer with this limited information, but there is no mention of rent and utilities being combined for a monthly lump sum amount in the lease. My "balanced billing" amount recently went up, which is obviously allowed per the lease, but I had a question for the landlord that he danced around and did not answer directly:
If, at the end of the lease, there is a material difference between the total balanced payments made, and the actual utilities incurred, could/is a refund/payment required?
The reason I took issue with the increase is because I thought it may not be justified.
Thanks in advance.
edit: This is a home with 4 tenants, each having a separate lease. Not sure if that matters.
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