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October 12, 2009
Help with Lease Clarification
There is a line on my new lease that I need some clarification on:
"Tenant must pay for all electric, gas, telephone, water, sewerage and other utility services used in the apartment and arranged for them with the public utility company"
I am fine with the electricity and gas part because I know we have our own separate meters. If there is only 1 water meter for both tenants must the landlord then cover the water bill? Secondly, is there a separate bill for sewerage? If so how much is that monthly?
Thanks.
Comments
Sewerage is included in the water bill (I guess on the principle that water-in approximates sewerage-out).
If you don't have a water meter that seperately measures your own consumption, then you really need to talk to the landlord and ask him how he proposes to assess your charges. I think water costs should be included in the base rent, myself. Could it be that the clause is just boiler-plate and the landlord isn't even fully away of it?
Posted by: johnife at October 12, 2009 3:26 PM
@john - I would have thought water costs would be included in the base rent as well. I am trying to calculate (estimate) monthly costs. And this line has me thrown off because I was anticipating:
Electricity - ConEd
Gas/Hot Water - National Grid
And I do not have an issue with this because we will have our own independent gas/electric meter.
I would have never thought the tenant is responsible for the water/sewer bill.
Thanks.
Posted by: guikazoid at October 12, 2009 3:43 PM
Yes, water-in approximates sewerage-out, except that 'sewerage-out' costs more than 'water-in.'
With the increase in the water bill being in the double digits for the last couple of years, it is not surprising that landlords would want to pass that expense on.
Posted by: SenatorStreet at October 12, 2009 4:05 PM
@senator - what would be a safe approximation on a water/sewage bill for a 1 br 800sf apartment (2 people living in it).
how much and house often?
Posted by: guikazoid at October 12, 2009 4:22 PM
also - the lease states "tenant is responsible for trash collection and recycles" along with "tenant is responsible for sweeping and snow removal".
again, this is my first time signing a lease. so im not too sure. it seems like a lot of responsibility on me.
this all sound "normal"?
Posted by: guikazoid at October 12, 2009 4:30 PM
Nope, not normal at all. With clauses like that maybe you should check whether there are others requiring you to pay the insurance and real estate taxes! Sounds like your landlord is the personification of greed.
Posted by: johnife at October 12, 2009 4:37 PM
On my leases I stipulate that the tenants must be compliant w/ NYC rubbish & recycling laws because if the tenants are irresponsible about their recycling the penalties are stiff.
Posted by: Arkady at October 12, 2009 5:30 PM
A lot depends on your situation- if you are sharing a brownstone with an owner I wouldn't be surprised they expect you to be responsible for making sure you recycle properly but in a bigger building? I don't think so. Lanlords are responsible for their buildings- tenants are not. Your landlord could give you grief if you're being a pain about your garbage and I have never heard where a tenant is responsible for sweeping and trash removal. If he's paying you- yes. But as part of a lease- no way. Sewage? Sorry but this is supposed to be part of a base price when the landlord sets the rent.
And all of these charges should have been clearly stated before your signed the lease. One thing to remember- if the building gets a ticket for snow removal, or trash- it's on the building and hence, the owner, not you. Your landlord is taking you for a ride- big time.
Posted by: bxgrl at October 12, 2009 7:55 PM
@bxgirl - we havent signed the lease yet
update - i spoke with the landlord and he clarified the water/sewage situation. They typo'ed and they will be responsible for the water and sewage.
On the other hand, we're still responsible for "trash" and "snow removal". the landlady said her husband usually takes care of it BUT at the end of the day we're responsible for it.
is that something we should ammend? because im concerned that if he gets a ticket for snow or trash, they will point to the lease, which gives me the responsibility.
Posted by: guikazoid at October 12, 2009 8:15 PM
Hmmmm, I've never seen a sewage/water clause in a non commercial lease - don't think that's legal in NYC. As for the Trash/Snow removal, I'm not too sure if a NYC LL is LEGALLY obligated for both but that's something NYC LL's should and usually take care of unless: They give you a rent credit for doing so (lives far away) or they're 80+ old, you feel sorry for them and do it as a favor.
Posted by: Crownlfc at October 12, 2009 9:08 PM
Is the landlord using a boiler plate "Blumberg" lease? Those leases usually have stuff like water and sewer charges that would not apply to the rental. Speak to the landlord, and cross out things like water and sewer charges and anything else that should not apply to the rental. Make sure you both initial the crossed out items. This would include snow removal too.
Posted by: Bklyn born at October 12, 2009 9:56 PM
Landlords are responsible for the maintenance of the sidewalks- that's the law. They cannot foist it off on tenants. It they expect you to do this, you should get a consideration and it should be stipulated that you are not responsible for tickets, etc.
Posted by: bxgrl at October 13, 2009 11:17 AM
These leases are often boilerplate. When we rented, we saw that there was some language in there that wasn't appropriate/accurate and brought it up. It was removed without incident. Often, even the landlords don't fully read these things.
Posted by: Leucas at October 14, 2009 8:53 AM
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