Rights to see water bills?

[ajinaz]

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

I am the executor on my mother's estate. She rented an apartment house that is part of a triplex. She lived with disabled adult son. In the lease she had it indicated that she paid 1/4 of water bill while other two tenants paid 1/4 and 1/2. The one paying 1/2 had the larger apartment house. After mother's passing she began charging more and more for water. We asked for copies of all water bills over the last year to see if my mother was being overcharged. She has ignored two written requests to see these bills. I am now the guardian of the disabled adult son (my adopted brother). He still lives in the house with a caregiver.
What do I need to do to get a copy of these water bills? This is a 600 square foot house with 1 bathroom and no dishwasher or pool or washer. She is claiming they used $86 in water last month.
My 2800 sf 3 bath pool and sprinkler system home used $110 in water last month.

 

[FarmerJ]

It sounds as if new housing options need to be explored , in the time being your free to contact the city water dept where the rental is and ask them if they have had any rate hikes recently , its public information, if the rates havent gone up but the LL has ignored leaking toilets then that can easily explain why its so high. BTW review your states laws to see what they have to say about utility bill splitting and see if they require LLs to provide copies of the master bill when requested.

 

[Who's Liable?]

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

I am the executor on my mother's estate. She rented an apartment house that is part of a triplex. She lived with disabled adult son. In the lease she had it indicated that she paid 1/4 of water bill while other two tenants paid 1/4 and 1/2. The one paying 1/2 had the larger apartment house. After mother's passing she began charging more and more for water. We asked for copies of all water bills over the last year to see if my mother was being overcharged. She has ignored two written requests to see these bills. I am now the guardian of the disabled adult son (my adopted brother). He still lives in the house with a caregiver.
What do I need to do to get a copy of these water bills? This is a 600 square foot house with 1 bathroom and no dishwasher or pool or washer. She is claiming they used $86 in water last month.
My 2800 sf 3 bath pool and sprinkler system home used $110 in water last month.

Your bill is right on par with mine, which also includes watering a large backyard.

 

[ajinaz]

Your bill is right on par with mine, which also includes watering a large backyard.

Thanks for the response. I see you are in Arizona. Do you know if there is a law that requires the landlord to provide the renter with a copy of the actual water bills for the property if it is split between tenants? It seems kind of odd that a landlord can basically make up any number and add it to the rent. I've looked all day and can't find the answer.

 

[Who's Liable?]

Thanks for the response. I see you are in Arizona. Do you know if there is a law that requires the landlord to provide the renter with a copy of the actual water bills for the property if it is split between tenants? It seems kind of odd that a landlord can basically make up any number and add it to the rent. I've looked all day and can't find the answer.

Here we go.

Looks like the LL CAN charge for submetering or allocating and charge for it per section (A), however per section(B) the charge can ONLY be an administrative fee and this fee MUST be disclosed with the amount for the admin. fee in the rental agreement.

Per section D., once you have properly disputed the amount and do not get an answer, you can file a civil complaint in justice court.


§ 33-1314.01. Utility charges; submetering;ratio utility billing; allocation; water system exemption

A. A landlord may charge separately for gas, water,
wastewater, solid waste removal or electricity by
installing a submetering system or by allocating the
charges separately through a ratio utility billing system.

B. If a landlord charges separately for a utility pursuant
to subsection A, the landlord may recover the charges
imposed on the landlord by the utility provider plus an
administrative fee for the landlord for actual
administrative costs only. The landlord shall not
impose any additional charges. The rental agreement
shall contain a disclosure that lists the utility services
that are charged separately and shall specify the
amount of any administrative fee that is associated
with submetering or the use of a ratio utility billing
system.

C. If provided in the rental agreement, the landlord may
impose a submetering system or ratio utility billing
system during the term of a rental agreement if the
landlord provides notice as prescribed by subsection
G.

D. If a landlord is not in compliance with subsection B,
the tenant shall first object in writing to the landlord
regarding the utility billing. If the dispute is not
resolved, the tenant may file a civil complaint in justice
court to enforce this section.


E. If a landlord uses an allocation or submetering
system, the bill format for each billing period shall:
1. Separately state the cost of the charges for the
period together with the opening and the closing meter
readings and the dates of the meter readings.
2. Show the amount of any administrative fee charged.
F. If a landlord does not use a submetering system and
allocates charges separately for gas, water,
wastewater, solid waste removal or electricity, the
landlord may allocate the costs to each tenant by using
one or more of the following ratio utility billing system
methods:
1. Per tenant.
2. Proportionately by livable square footage.
3. Per type of unit.
4. Per number of water fixtures.
5. For water and wastewater, by use of an individually
submetered hot water usage measure for the tenant's
dwelling unit.
6. Any other method that fairly allocates the charges
and that is described in the tenant's rental agreement.
G. If a landlord uses a ratio utility billing system method
pursuant to subsection F, the rental agreement shall
contain a specific description of the ratio utility billing
method used to allocate utility costs. For any existing
tenancies, the landlord shall provide at least ninety
days' notice to the tenant before the landlord begins
using a submetering system or allocating costs through
a ratio utility billing system.

 

[ajinaz]

Here we go.

Looks like the LL CAN charge for submetering or allocating and charge for it per section (A), however per section(B) the charge can ONLY be an administrative fee and this fee MUST be disclosed with the amount for the admin. fee in the rental agreement.

Per section D., once you have properly disputed the amount and do not get an answer, you can file a civil complaint in justice court.




E. If a landlord uses an allocation or submetering
system, the bill format for each billing period shall:
1. Separately state the cost of the charges for the
period together with the opening and the closing meter
readings and the dates of the meter readings.

Thanks for the information. Does this mean that the LL should have been providing my MIL with a meter reading on every bill all of these years? If so, I will be sending a CRR letter demanding the meter readings at least back to when she died.
This will not make her happy so this leads to my next question.
My MIL was the only one on the lease. I know that the LL can give them an eviction notice. But since MIL was the only leaseholder, is she still required to provide 30 days notice? Or can she claim they are squatting or something and evict immediately?

 

[Who's Liable?]

Thanks for the information. Does this mean that the LL should have been providing my MIL with a meter reading on every bill all of these years? If so, I will be sending a CRR letter demanding the meter readings at least back to when she died.
This will not make her happy so this leads to my next question.
My MIL was the only one on the lease. I know that the LL can give them an eviction notice. But since MIL was the only leaseholder, is she still required to provide 30 days notice? Or can she claim they are squatting or something and evict immediately?

Yes! Per section E, the LL MUST provide 4 things; 1)the cost of the charges 2) the meter readings opening and closing 3)the date the readings were taken and 4) the admin. fee amount.


I would send the letter stating she is in violation of 33-1314.01(B) for not providing a written disclosure in the lease specifying what utility would be allocated, and if there is any administrative fee.

Also include in your letter her failure to abide by 33-1314.01(B)allows you to file a civil complaint in justice court under 33-1314.01(D).

End by stating you are demanding they(LL) provide ALL monthly water billings for the tenancy period in question within two weeks.