Can my landlord charge me for “abusing” the heat in my apartment?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my landlord charge me for “abusing” the heat in my apartment?

My roommate and I keep the heat around 75. The landlord sent a message saying that the heat can’t be set above 70 or we would be billed for “abuse”. Reading the copy of the lease agreement it states the landlord pays the heating bill and does not mention anywhere the heat has to be set at a certain temperature.

Asked on January 7, 2012 under Real Estate Law, Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Good question. The written lease between you and the landlord sets forth the obligations owed to you by the landlord and the landlord to you in the absence of conflicting state law. If the written lease states that the landlord pays the heating bill for the unit, he pays for the bill monthly regardless of how high you set it.

He or she can charge you for the "abuse" of the heat but you have no contractual obligation to pay the fee.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption