Can I get out ofa lease if the full cost of the hot water was not disclosed to me?

UPDATED: Dec 9, 2011

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Can I get out ofa lease if the full cost of the hot water was not disclosed to me?

I signed a rental lease for part of a house that specifically states the landlord pays the water, trash, sewer. After living there a month I found out that there is only 1 hot water heater in this house and it is in my part. Consequently, I am paying for the landlord and her 2 kids’s hot water. When I inquired I was told this was because she was paying the overall water. This trade-off was not indicated verbally or in the lease. I would not have signed it. I cannot afford to pay anybody else’s utilities.

Asked on December 9, 2011 under Real Estate Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Good question. Most municipalities require separate meters for different rental units under its housing code so as to prevent the very situation that you are dealing with.

If your landlord failed to disclose that your rental would include the entirety of the unit's hot water bill, not only for you but for others, this fact which is a material consideration should have been disclosed to you before your signed the lease by the landlord. I would speak with the landlord in person about the situation to resolve it where your hot water bill would be substantially reduced for example by 2/3rds or that you will consider the lease subject to a rescission by you due to the landlord's failure to disclose the hot water charge orally or in writing. I would send a letter memorializing the conversation, keeping a copy for future need.

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 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.

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