Additional fee's added to existing rent: Is this legal?

My boyfriend and I have lived in an apartment in Erie, Pennsylvania for about 3 years.

We signed a new lease each year

The terms of the lease indicate that as the tenant I am responsible for the upkeep to the apartment including gas, electric phone ect.

The land lord is responsible for water/sewer/garbage as well as maintence

In turn, the tenant pays rent which can be adjusted "reasonably" depending on increase in costs for the land lord.

Some upkeep has been needed like unclogging drains and such.

So on to the problem

I signed a lease on December 1, 2007 and on December 12, 2007 I got a notice that due to increase water bills (400 dollars over one quarter for a whole building = aprox 16 people)for the land lord he is going to tack on a Utility Fee of 20 dollars per person, including children.

This fee is separate from the rent and is not mentioned on our lease at all.

On the invoice our land lord sent us it lists

rent 375

Utility fee 20 dollars

Again the lease says the land lord is responsible for the water bill

Even though there is mention of reasonable adjustments can a land lord legally do this?

What does reasonable mean legally?

Reasonable is whatever he says it is until you can convince a judge, jury, or arbitrator otherwise. The original problem arises from the vague language in the lease. It's a matter or interpretation. If the annual water bills is $500 and he is collecting $2,500 then that seems unreasonable. But what if its $500/$625. You see the problem. There is something in your favor in all this. He wrote the lease and the lease also says that he is responsible for the water bills. The combined clauses create an ambiguity; language open to more than one interpretation. There is a basic common law rule that ambiguities are construed against the party that drafted the document. Therefore a court could rule that it is unreasonable to charge a fee for something that the landlord took responsibility for in his own document. Nice theory, but good luck enforcing it. Do you really want to get in to litigation over this? If he can't raise it for water use, then I am sure he will find some other "reasonable" cause to raise your fees and he certainly will not offer to renew your lease.

Reasonable is a vague term. That is why he used it. With this added information from the last time you asked the question, I would have to say it is OK.

I would still ask him why it was less than two weeks later and he didn't mention it. I would still aslo want some kind of documentation to support his fee of $20.00

Not being a lawyer myself, I have no business attempting to answer your question, but, having lived as many years as I have, and having been a party to many a contracts, I'm guessing that that "reasonable adjustments" clause just left you open for just what you got: increased fees whenever, for whatever causes. You might have some recourse in court if it gets "excessive", but then, court costs and legal fees may make any legal action worthless to you in the long run. But then, like I said, I'm not a lawyer, and I haven't leased an apartment in a while now. God Bless you.

The way the lease is written he can ask this however it is open for change and interpretation in a court of law. Only in a court of law can it be interpreted.

As I am sure you have gathered, this is not a yes or no question. The contract could be disputed in court, but it is likely your city or county has a housing agency that can help you to understand your rights. Try there first. That being said, the best possible outcome for you is that you don't have to pay it this year, but the landlord asks for it in a rent increase next year. I am not sure why they didn't inlcude it in rent this year. Have you tried writing a letter explaining why you feel the request was unreasonable (based on a lease signed 12 days before) and offer a compromise? If you were deeply opposed to the increase, you can tell them you think they should let you break the lease, maybe they will waive the fee until next year, but be ready to move. Good luck.

20 bucks is reasonable. 2000 is not. This increase is covered in the lease you signed. It sounds like he is making every effort to be fair to everyone involved.

BTW, my children use far more water then I do. The take baths instead of showers and have tons of laundry. It sounds like your landlord is trying very hard to keep things reasonable and not loose the house.

The notion that landlords have money to burn and no mortgage to pay, or they can just pay it any ol' day is completely false.

I live and rent out the upstairs in my flat in Erie, PA. Water bills have increased but not by enough to justify charging each person $20 a month. Contact the District Justice for the area you live in. If he can't tell you how legal this is, he'll know someone who can.