Landlord ? for CA Rental with util included

[Ryan G.]

I have a SFR with 2 units. There is only 1 meter for utilities at this property so utilities are included in the monthly rent. I have verbiage in the signed lease as follows:

Utilities – Reasonable utilities are included in the monthly rental fee assessed per occupancy. If it is determined

excessive utilities are being consumed by an individual or unit, management reserves the right to amend this and

hold tenant responsible for additional portion of utilities.

i. Be responsible with usage:

1. Do not leave air conditioning or heat on when no one is home.

2. Do not leave electronics/lights on when not needed.

ii. Crypto-mining is prohibited due to excessive use of electricity.

iii. Electric vehicle charging is prohibited.

I have nest thermostats installed which allows me to see usage. One unit is refusing to keep a schedule in the thermostat, thus leaving air conditioning on 1 temperature all the time. I have confirmation from one tenant that they work normal business hours and are gone most of the day (tried to schedule home owner insurance inspection and got a response via text with that info).

My question is, how can I go about enforcing them to set a thermostat schedule? Do I have legal standing to enforce it with the verbiage in the lease addendum they all signed? I will attempt to work through it with them first, but if they continue to refuse, what recourse do I have legally? Is the verbiage enough? 

Thanks.

[Jeff Willis]

Not sure how or if you can enforce it. Also, "Reasonable utilities are included in the monthly rental fee..."  What is reasonable? That is too subjective to be in a rental agreement. If you ever take it to court, you will lose. That is why I have all my places with a sub-meter for each unit and to get away from this issue

Not sure what state you are in but in California - you can not prohibit electric vehicle charging See Calif Civil Code 1947.6. Most states have similar laws

https://leginfo.legislature.ca...

The below is from https://www.kts-law.com/electr...

For residential leases signed, renewed or extend on or after July 1, 2015, landlords are required to approve a tenant’s written request to install an electric vehicle charging station at the tenant’s parking space if the tenant enters into a written agreement which includes requirements regarding the installation, use, maintenance and removal of the charging station, requires the tenant pay for all modifications, and requires the tenant to maintain a $1,000,000 general liability insurance policy. The charging station and modifications must comply with all applicable laws and covenants, conditions and restrictions. The tenant is required to pay the cost associated with the electric usage of the charging station. The landlord is not required to provide the tenant with an additional parking space in order to comply with this law. This law does not apply: (1) when parking is not included as part of the rental contract; (2) to properties with fewer than five parking spaces; (3) to properties subject to rent control (unless either (1) a lease is executed, extended, or renewed on or after January 1, 2019, or (2) the unit is within a jurisdiction that adopted an ordinance before January 1, 2018 requiring the landlord to approve a tenant’s request to install an electric vehicle charging station at the tenant’s parking space); (4) when 10% or more of existing spaces already have electric vehicle charging stations