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Rent/Lease Question?


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 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.

Can a land lord legally do this?

Any agreement you make should be in writing and your lease agreement says the "rent can be adjusted reasonably depending on increases in costs for the landlord." Your landlord is asking you to pay a utility fee of $20 per person. This is not an increase in rent if it's called a utility fee. So based on the information you provided the landlord has no legal right to ask you to pay a $20 utility fee per person. I suggest you refuse to pay it and continue living there. Don't pay it. If the landlord mentions it again, get a lawyer to file charges of harassment against the landlord.

You would need to speak with an attorney, but the landlord could argue that since the lease he has had a big increase in watercosts. I would want to see proof of the increases.

Either way, $20 per person sounds like alot. I would ask him why he is asking for an increase less than 2 weeks after signing a lease.

actually, a lease is a lease and cannot be recreated by one participant. It takes two to make a lease and agree on the terms.
With the LLs failure to enter that into the lease, he has deprived himself of the increase on rents toward utilities...he has already stated what the utility situation is and can no longer make changes until 2008 on Dec 1st.
period!!

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