Land lord trying to increase portion of the water bill

[Serenity2009]

What is the name of your state (only U.S. law)? NY

I've had a head ache about the water bill since I moved in. Signed a new lease in January, the water bill section says

"Tenant will pay 1/3 of the water and sewage bill every three months."

I asked the LL at the signing if I could have a pool he said yes and wrote that on the bottom of the lease.

My upstairs neighbor is complaining that I should pay more of the water bill because of the pool. The land lord dropped off a statement saying I would be paying 1/2 of the water bill and the other two apartments would be responsible for 1/4 each. There is one water meter, there is no way to tell who uses how much and thus the reason that the bill is split 3 ways.

I countered with the water upstairs is always running, he has a old washer that is not HE, the other neighbor washes his car and motor cycle at least twice a week since the weather has turned nice, washes his three dogs weekly, has a non HE washer and the lease clearly states that I can have a pool, and that I am responsible for 1/3'rd of the water and sewage bill. That being said said the LL has been charging me for 1/3 of the refuse, which is not on the lease. Can he change the portion that I have to pay for water, even though the lease is very clear?

 

[BL]

What is the name of your state (only U.S. law)? NY

I've had a head ache about the water bill since I moved in. Signed a new lease in January, the water bill section says

"Tenant will pay 1/3 of the water and sewage bill every three months."

I asked the LL at the signing if I could have a pool he said yes and wrote that on the bottom of the lease.

My upstairs neighbor is complaining that I should pay more of the water bill because of the pool. The land lord dropped off a statement saying I would be paying 1/2 of the water bill and the other two apartments would be responsible for 1/4 each. There is one water meter, there is no way to tell who uses how much and thus the reason that the bill is split 3 ways.

I countered with the water upstairs is always running, he has a old washer that is not HE, the other neighbor washes his car and motor cycle at least twice a week since the weather has turned nice, washes his three dogs weekly, has a non HE washer and the lease clearly states that I can have a pool, and that I am responsible for 1/3'rd of the water and sewage bill. That being said said the LL has been charging me for 1/3 of the refuse, which is not on the lease. Can he change the portion that I have to pay for water, even though the lease is very clear?

http://www.oag.state.ny.us/bureaus/real_estate_finance/pdfs/tenants_rights_guide.pdf

http://www.housingnyc.com/html/resources/attygenguide.html#1

WHAT IS A LEASE?

A lease is a contract between a landlord and a tenant which contains the terms and conditions of the rental. It cannot be changed while it is in effect unless both parties agree. Leases for apartments which are not rent stabilized may be oral or written. However, to avoid disputes the parties may wish to enter into a written agreement. A party must sign the lease in order to be bound by its terms. An oral lease for more than one year cannot be legally enforced. General Obligations Law § 5-701.

At a minimum, leases should identify the premises, specify the names and addresses of the parties, the amount and due dates of the rent, the duration of the rental, the conditions of occupancy, and the rights and obligations of both parties. Except where the law provides otherwise, a landlord may rent on such terms and conditions as are agreed to by the parties.

Any changes to the lease should be initialed by both parties. New York City rent stabilized tenants are entitled to receive from their landlords a fully executed copy of their signed lease within 30 days of the landlord’s receipt of the lease signed by the tenant. The lease’s beginning and ending dates must be stated. Rent stabilized tenants must also be given a rent stabilization lease rider, prepared by DHCR, which summarizes their rights under the law and provides specific information on how the rent was calculated.

 

[MIRAKALES]

The implication of all the tenant comments are that the tenant has no washer/dryer (or has an HE washer/dryer) and does not wash their car(s) or pet(s). Provided all of the above is true, the terms of the pool and its usage must have changed within the past few months, such as re-filling the pool more often than agreed, new regulations for pool use, etc. Nonetheless, the terms of the lease agreement cannot be changed provided the tenant is in compliance with the original terms and conditions of the water usage agreement.

 

[Serenity2009]

The implication of all the tenant comments are that the tenant has no washer/dryer (or has an HE washer/dryer) and does not wash their car(s) or pet(s). Provided all of the above is true, the terms of the pool and its usage must have changed within the past few months, such as re-filling the pool more often than agreed, new regulations for pool use, etc. Nonetheless, the terms of the lease agreement cannot be changed provided the tenant is in compliance with the original terms and conditions of the water usage agreement.

I was trying to show that while I do have a pool (I have only filled it once), I am not the only one using such amounts of water. I do have a HE machine, the lease states that only HE machines are allowed.

Thank you for your input!

 

[FarmerJ]

Instead of using water that has sewer rate attached to it Try this, call your local fire dept and ask them if they do swiming pool fills for a set fee, One town near me does that for 80.00 considering that the average water and sewer fee is quite high there, about 75.00 a month for a house hold of 5. This would be one way to cease using metered water from the house and of course you would have a receipt to copy and send to the LL showing that you are not using water from the structures meter for pool fill. Other wise yes your lease says you are to pay 1/3 but if you like where you live your LL can by next renewal choose to change the lease again should you force the issue , and you are free to insist the LL follow the written lease.