I have a rather large duplex in Cleveland, it is 3 floors (not including unfinished basement accessible only from larger, apartment). The square footage is approx. is just shy of 4k square feet. As the building is square. My apartment on the 3rd level is about 1,200 feet, leaving the rental unit at about 2,700 finished ft. I mention this to show my percentage of use.
My PM'S lease states tenant is responsible for all utilities. The reason it was done this way is because I work for the military and am deployed at least 10 months out of the year. And of those 2 remaining months, I spend less than one month in the unit.
Now, 6 months into an 18 month lease the tenant is complaining about paying all utilities. A situation they were aware of when signing the lease. When I spent 2 weeks there in February, my apartment was quite warm. The thermostat is in the common hallway, and the tenant has access. They do not seem concerned about heating costs.
My property manager is now saying that I could be taken to court and lose. Even though tenant signed lease knowing full well they were responsible, and the fact that the much smaller apartment is empty more than 80% of the time, I tend to agree that I would lose in court.
So far the tenant has been paying on time and has been no problem. The property manager suggests a monthly flat rate for sewer and water (clearly in the lease as their responsibility), as well as addressing the heating oil issue.
I unfortunately have an issue with people that choose to not honor their word. I feel it rewards bad behavior. I know releasing them from their lease is a bad idea in this economy, but I also feel the need to replace this PM who I am contracted with through the end of the lease. In just over a year this is my 2nd tenant. The last guy was military who screwed me for over 5k. That is easy for most...harder for military who's rent is being paid by uncle Sam. My expenses on the property last year was 93% of income. Great for PM, not so much for me. Hardly sustainable.
Sorry this is so long. Any thoughts from more experienced landlords would be appreciated.