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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 101607
Experience:  Attorney
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I am looking to add an addendum to our current lease to make

Customer Question

Hello,I am looking to add an addendum to our current lease to make the utilities a part of the rent. I will need a full page addendum in order to be able to upload it to our system. Can you assist me with this?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am not sure what you mean by "full page addendum." I can provide an example of such a clause in a lease. All that is needed is a short clause, and not a full page. What you do with it is of course your decision. Will that suffice?

Also, I need to know what you mean by the utilities being part of the rent - will (a) the rent fluctuate based on the utilities charged to the landlord by the tenant's use, or, (b) will the tenant simply be responsible for their own utilities along with the rent?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Hello Ely,We are looking to charge our residents for water, sewer & pest control monthly and make it mandatory. We would like it to be part of the rent to ensure the payment and for eviction purposes. It will be a set fee for the size of the unit monthly. ex Studio $10.00 1 Bedroom $15.00 2 Bedrooms $20.00I don't need a full page, I can add a clause to our existing lease or utility addendum.
Expert:  Ely replied 1 year ago.

Thank you.

In that case, this would actually be part of the rent clause, and not separate (one can make it separate), but it would be needlessly complicated.

So for example, the rent clause can read:

The total term rental is the sum of $___ per month, due on the first day of every month. The rent paid per month includes water, sewer & pest control for said month.

Then the amount in rent (the line) would vary - it would be the total of RENT PRICE+UTILITY FEES for the apartment being leased.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Customer: replied 1 year ago.
The reason why we need this Clause is because if you go to evict and you don't say that the utilities price is part of the rent you can't included in your damages. When you fill out the eviction papers they say to only include the rent so that is why the utilities charge has to say it is part of the rent but for marketing purposes it looks better if we charge a certain amount and then say it's an extra let's say $35 for water it just makes it sound like cheaper rent
Expert:  Ely replied 1 year ago.

I see. Well, with all due respect, someone in your situation can run into false advertising issues if one advertises the rent with an "asterisk" that states "does not include utilities."

But anyhow, did you wish for me to provide a clause that would basically divide the rent into two sections (one for lease, one for utilities)?

Customer: replied 1 year ago.
OK, most complexes are doing this in the area. I will just pull what they have from their lease. It is pretty standard. We will not be advertising the rent with an asterisk. We don't engage in sneaky tactics, but were consulting this site for verbiage and not to bother another complex. No worries. We'll just get it from them. Thanks,
Expert:  Ely replied 1 year ago.

Okay. If you are sure. Let me know if you need anything else. All the best.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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