Last month's rent

Last month's rent

Member since 2009 · 3 posts · 0 votes

I have been reading through several of the posted topics, and several times I've read advice that said it is a bad idea to not pay the last month's rent. I've never skipped out on rent in my whole life, but am considering doing it this year. Let me give a little background as to why...

It's a very long story, but basically my landlord (which is a property company) will not repair my heat. They are following the law though - the heat does actually work. So I cannot withhold my rent legally while waiting for repairs, nor can I report them to code enforcement. I live in a house divided into 3 apartments - and between the three tenants, we are paying between $800 and $1000 a month for heat! Nothing else, including the a/c, causes our electric to go up so high. I have been tracking my kilowatt hours daily and that's how I figured it out. This problem has been going on for over a year now, and the company has sent the heating repair company out at least 8 times. It is the same answer every time - it works. Yes, the heat works. But something is wrong with it to make the heat bill so high. The repair company said the units need to be replaced several times, but the landlord won't approve - and probably because they are providing heat, according to the laws.

I live in Tennessee, and understand electric rates have gone up. But I lived up north most of my life and never had bills this high - and it is not nearly as cold here as it is there! So, since I have no recourse against them, I was considering withholding my last month's rent to make up for the hardship the heating bill is causing me.

Any advice? Can they sue me? Is it likely they will?

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Attorney · Raleigh, NC · Member since 2008 · 4k+ posts · 1k+ votes
17y

It's January. High heating bills happen this time of year for everybody.

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  • Attorney · Raleigh, NC · Member since 2008 · 4k+ posts · 1k+ votes
    17y

    It's January. High heating bills happen this time of year for everybody.

  • Member since 2009 · 3 posts · 0 votes
    17y

    Right, but the heating company has told the tenants the units need replacing. And I never paid this much any where else I've lived, including up north. So there was no need for you to act like I'm being ignorant.

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    17y

    If you withhold the last months rent they will likely start an eviction a few days after the rent is late. They will take you to eviction court, and you can both tell your story to the judge. Whether they will win or not depends on the judge. I would bet they would.

    Why does the "heating company" say the units need replacing? Are they actually damaged, or just low efficiency? Are they electric or gas? Is the place drafty? It may not be as well insulated as units you're previously lived in. Are the electric rates much higher than previously?

  • Member since 2009 · 3 posts · 0 votes
    17y

    The units provide heat and work good enough to do that. But they do not properly function according to the heating company, and need replacing. I don't know if they are damaged or just severely inefficient. All I know is that is literally triples my kilowatt usage - and I know that through careful charting of my daily use (as well as my neighbors'). Our a/c in the summer never makes the bill reach even $100, and it gets to 100 degrees here. The heating units are electric, and the place is not well insulated. Electric rates have gone up, but this is the smallest apartment I've ever had and the highest bills I've ever had. My bill of over $200 last month was for November, so I'm terrified of the next bill.

    The landlord has been told that the units need replacing 2 years in a row, but since they do provide heat (in accordance with the law) they are not interested in spending the extra money. My neighbors went through previous situations long before I lived here, and have always gotten the same story as me. I lived in Tennessee for 4 years now, and never had a heating bill for more than $80 - for a townhouse too!

    There is something very wrong here. I have a limited amount of money (I'm in graduate school) and have been saving for relocation after graduation. That money is going to be depleted fast by the electric bills, and I don't know how to recoup the money other than saving my last month's rent. I feel like it's the wrong thing to do. But what the landlords are doing is wrong as well.

    For now, I've turned my heat down to 60 degrees and just wear lots of clothes.

    Thank you for the inquiry, Mr. Holdman. Please advise further if necessary.

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    17y

    There is probably a housing advocate group at your university. I would consult with them.

    I believe you will end up regretting your decision to withhold the last month's rent. I believe your landlord will be very quick to file eviction, and you'll end up with an eviction on your record. I, and I think many other landlords, have a strict rule regarding evictions. If you have one, you can't rent from me. Period.

    Sounds like this is electric heat. By definition, electric heat can't be inefficient. Its just a big resistor that turns electricity into heat. It doesn't vent like a gas heater, so there's no heat wasted up the flue. The heat must be escaping somewhere. Have you tried looking at the unit to see if there is air blowing out somewhere? If its in a crawlspace, and has cracks or gaps, you could be losing a lot of heat there. For example, where the ducts connect to the heater, or elsewhere in the ducting. I've even seen where a duct is completely disconnected, blowing a lot of hot air into the crawlspace. Or, there may be cracks around windows, doors or elsewhere that are allowing heat out and cold in.

    Are the filters clean?

    I doubt there is any requirement for a LL to provide a highly efficient heating system. So, I don't think you have much of a chance in eviction court.

    You could try using electric space heaters just in the areas you live. Be very careful not to overload circuits or let them become a fire hazard.

  • IL · Member since 2008 · 12 posts · 1 vote
    17y

    Most residential heating companies employ techs who work on a commissions basis. If they sell a new furnace/AC unit, they get a big check from the company.

    So, I'd take their advice with a grain of salt. Or get a second opinion from another company.

  • Real Estate Investor · North Carolina · Member since 2008 · 1k+ posts · 483 votes
    17y

    Where I'm at the local utility company will come out and do a free energy audit. My guess is you have no insulation, leaky windows and doors and outlets, and so forth.

    As Jon explained electricity is extremely efficient. You've just got to keep the heat in. As Aegis says HVAC techs all want to 'upsell'.

    Around here the saying is: "High energy bills equal low rents and low energy bills equal high rents" so it's a wash.

    Bottom line is you've entered into a binding contract with your landlord and you should honor it. If you don't and he comes after you and prevails, you will be out much more than a month's rent.

    Call it another form of tuition. And if it makes you feel better, we've all paid it one way or another.

  • Property Manager · Denver, CO · Member since 2008 · 35 posts · 1 vote
    17y

    Seriously, Jon is right you will regret not paying. If judgement hits your credit it will cost you alot more in the long run. Just an example, when you go to buy a car and they wont let you take out a loan until you pay off the judgement your still paying the last months rent plus some. If it seems outrageous move out as soon as your contract allows. Check with the neighbors at the next place you live for average rates and buy a place as soon as you can and then you have the full freedom to replace the furnace if you don't think it is efficient enough.

  • Real Estate Investor · OH · Member since 2008 · 4k+ posts · 1k+ votes
    17y

    $200 for heating during the winter is NOT BAD! You're living in the past and electricity rates have gone up rapidly. I suggest that you honor your lease and pay your bills. If you don't like your electric bill, turn down the thermostat and put plastic on your windows!

    Mike

  • Contractor · Philadelphia, PA · Member since 2008 · 183 posts · 17 votes
    17y

    Sarah I am afraid I agree with the guys too. Pay the bill and the rent.

    FYI I set my own house hold heat at 54 at night and 60 or lower during the day. I put in about $1000 of insulation over the last year + a programable thermostat and we cut our energy use by 30%.

    Oh yeah, I WEAR A SWEATER!

    Sorry you feel jilted but thats winter. Its only gonna get worse for us all unless we conserve.

    Good luck

    Diane

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