Eviction due to withholding rent over electrical issue.

[LuckiestWife]

I moved into this house 3 months ago 2 months in I got an electric bill for
$911.oo I then called my landlord and I set up for our Utility company to do a audit on the house to find out where the electric was going because my landlord couldn't come up with a suggestion. The auditor came out and started going to work. He got to the Ac unit and found that not only was there a problem but a Major Fire hazard.He then left without checking into it any further. My landlord had somebody come out 2 days later and fix it. Now I get a $700.00 dollar bill. So I called OUC again(Utility company) and asked them what the normal daily usage for a single family 3/2 House is and they told me between 7 to 9 dollars a day depending on the Appliances/Electronics in use and the size of the house. So I let my landlord know that the electric usage had only slightly dropped from 21 dollars a day with the $911.00 bill to $17.00 a day with the new bill. I tried to work out an agreement with him and asked him to send someone out to find out where the rest of the electric was going(Ouc only offers one free inspection a year) and get it fixed and then I would give him his rent when we could agree on how much he was liable for. He then started arguing with me that he was only going to put $300.00 dollars towards what is now a $1600.00 with both months on it. He came and handed me a 3 day eviction notice today. What can I do to get him to help me get the house fixed and help with this bill and also not be Evicted?

 

[MorgansDaddy]

You can't withhold rent, and expect not to be evicted. Remember though, your landlord can't evict you, only a court can if the landlord files for the eviction, which I am sure he will if you don't remedy the problem another way, as in pay or move in three days.

What you can do, is if you owe rent right now, pay it. Then send him a registered letter requesting whatever may need to be repaired, to be done within two weeks. If he doesn't you can then pay for them your self, and deduct it from the next rental payment. You will need to keep copies of all correspondence and receipts for said repairs. If you do this the right way, and he then tries to evict you, you have a better chance of showing up to the hearing, presenting you evidence, and the eviction being thrown out instead of being granted.

 

[jacksgal]

Only certain states allow rent withholding and those that do you must do so as law states. You did not do this. therefore the landlord is within his rights to begin eviction process which he has. Your options are to pay rent or be removed from home through court action. If you chose the later then finding new rental will prove near impossible

 

[Prov31Wmn]

Here's more information that may be helpful. A lot of people are unaware of this, I recently discovered it myself. Unknown if Florida laws differ but when A/C's are installed the law requires a city inspection and a HERS rater to come evaluate the installation. It seems many A/C companies were ripping consumers off by installing units substandardly and not informing them of other possible repairs needed to make units function at their best. When I had a brand new unit installed the HERS rater discovered it was only operating at about 30% because of gaps that needed to be sealed. This is VERY common, so much so the government had to intervene and regulate the installers. If this is what happened to your landlord. Neither he or you would be liable and you both could go after the A/C company. Unfortunately HERS raters are not cheap, call around and get a good one. Don't take a recommendation from the A/C company, HERS raters are to be neutral parties so no impropriety takes place. This could allow you to peaceably stay in your rental, educate your landlord and save both of you money. If I understood your posting correctly the A/C unit was also installed in a manner deemed a fire hazard. If that is also true it gives you more ammunition and more to negotiate with the A/C company. Good luck.

 

[jacksgal]

Which has nothing to do with OP's failure to pay rent or withhold rent (if state law permits)

 

[Prov31Wmn]

True. I guess I should have made that clear, but I thought it was understood. Tenant must still pay rent. And, my suggestions do not negate that. Tenant may want to be very humbling when approaching LL to work as a team, to resolve the cause of this bill.

 

[LuckiestWife]

The ouc Auditor that came out stopped the inspection at the A/C unit the problem with it he said was that it possibly was struck by lightning which killed the on/off switch inside of the unit for the heater when this happens the A/c works over board and so does the heater both trying to do thier job. The result is niether wins so to speak the battle so the house stayed uncomfortable most of the time. It also resulted in the A/C Box inside the home to climb to 143 degress making it very possible for a fire to occur. Ty very much for your advice. Though right now this leaves me in a sticky situation as we don't make very much money and we had to pay these outrageous Electric bills leaving us with no money to pay rent. So now I will figure it out but again t/y very much for all of this information it has helped very much.

 

[mightymoose]

Even though you paid the bills, if you believe the landlord is responsible for the bills due to lack of maintenance or failure to disclose info, then you can sue the landlord. Provide the information to a judge and let him decide.
You are only responsible for the electricity you use. You are not likely to be found responsible for such a bill when the condition was preexisting. You certainly have a reasonable rate to pay, but not that amount.

At the same time, the landlord is not responsible unless given notice, however as a new tenant you could not have possibly known until you received the bill.