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What recourse do we have if our landlord had us unwittingly paying for other tenants’ utilities?

The utilities in the building our business is located in are not metered correctly. In particular, it only has 2 water meters and 1 gas meter to service about 8 tenant businesses. Electric is broken up a little better but still isn’t on a per-unit basis. The landlord had us transfer one water meter, the gas meter, and one electric meter into our name.

According to the lease, the landlord was supposed to provide hot water for all tenants. We’ve since discovered that we’ve been supplying the gas for the water heater (which we had assumed was electric), the hot water for all tenants’ hot water taps, and possibly the water for other tenants’ toilets. (The water heater may have been moved to our meter when it was replaced.) We are in the process of transferring utilities back to the landlord, but what recourse do we have, if any, for recovering the excess utilities that we have already paid?

Answer 3350

Ask the landlord for a credit on next month’s rent. Be nice, explain why, come up with a reasonable amount. If you can’t tell from your utility bills, just estimate. It’s probably a small amount and he’ll probably say ok. They key is to be nice – emphasize that you both want a fair resolution where everyone pays only what he’s supposed to pay for.


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