caengel2009
New Member
Hi all, I'm not a lawyer and was looking for an opinion on this situation I ran into with my Texas apartment management.
Background:
When I moved apartments, I contacted the power company to switch my service to a new address starting on the beginning of my new lease. This must have been botched, because I kept receiving confusing bills labelled as my new place but being read at my old place (its was very confusing, but this isn't what I'm worried about)
Because it took me a few months to realize something wasn't right, I corrected this issue and had it immediately switched to my name, at my new apartment. Now here is where the issue is:
In the next two months, I received 2 power bills from the complex, each with a $50 service charge added to it. (I have gotten the energy company to compensate me for one of them). I wanted your opinion on the legality of these fees in the wording of the contract:
Here is the exact wording:
"7. UTILITIES. We'll pay for the following items, if checked: (cable TV was the only one checked
You'll pay for all other utilities, related deposits, and any charges or fees, on such utilities (other than cable or Internet) to be cut off or switched for any reason-including disconnection for not paying your bills-until the Lease Contract term or renewal period ends. If a utility is submetered or prorated by an allocation formula, we will attach an addendum to this Lease Contract in compliance with state agency rules. If a utility is individually metered, it must be connected in your name and you must notify the utility provider of your move-out date so the meter can be timely read. If you delay getting it turned on in your name by lease commencement or cause it to be transferred back into our name before you surrender or abandon the apartment, you'll be liable for a $50.00 charge (not to exceed $50), plus the actual or estimated cost of the utilities used while the utility should have been connected in your name. If you are in an area open to competition and your apartment is individually metered, you may choose or change your retail electric provider at any time. If you qualify, your provider will be the same as ours, unless you choose a different provider. If you choose or change your provider, you must give us written notice. You must pay all applicable provider fees, including any fees to change service back into our name after you move out."
This line in red is what I am curious about. As I read it, since the transfer was late, I am liable for A $50 charge plus the electricity charges incurred. The management claims that I am liable for a $50 fee FOR EACH bill that was sent.
Who is right in the interpretation of the lease?
Background:
When I moved apartments, I contacted the power company to switch my service to a new address starting on the beginning of my new lease. This must have been botched, because I kept receiving confusing bills labelled as my new place but being read at my old place (its was very confusing, but this isn't what I'm worried about)
Because it took me a few months to realize something wasn't right, I corrected this issue and had it immediately switched to my name, at my new apartment. Now here is where the issue is:
In the next two months, I received 2 power bills from the complex, each with a $50 service charge added to it. (I have gotten the energy company to compensate me for one of them). I wanted your opinion on the legality of these fees in the wording of the contract:
Here is the exact wording:
"7. UTILITIES. We'll pay for the following items, if checked: (cable TV was the only one checked
You'll pay for all other utilities, related deposits, and any charges or fees, on such utilities (other than cable or Internet) to be cut off or switched for any reason-including disconnection for not paying your bills-until the Lease Contract term or renewal period ends. If a utility is submetered or prorated by an allocation formula, we will attach an addendum to this Lease Contract in compliance with state agency rules. If a utility is individually metered, it must be connected in your name and you must notify the utility provider of your move-out date so the meter can be timely read. If you delay getting it turned on in your name by lease commencement or cause it to be transferred back into our name before you surrender or abandon the apartment, you'll be liable for a $50.00 charge (not to exceed $50), plus the actual or estimated cost of the utilities used while the utility should have been connected in your name. If you are in an area open to competition and your apartment is individually metered, you may choose or change your retail electric provider at any time. If you qualify, your provider will be the same as ours, unless you choose a different provider. If you choose or change your provider, you must give us written notice. You must pay all applicable provider fees, including any fees to change service back into our name after you move out."
This line in red is what I am curious about. As I read it, since the transfer was late, I am liable for A $50 charge plus the electricity charges incurred. The management claims that I am liable for a $50 fee FOR EACH bill that was sent.
Who is right in the interpretation of the lease?
