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Tenant Landlord Dispute - New York State Summary: I have been a tenant with this landlord from 2002-2009 Lease "renewal" forms stated I was to pay for Gas I could NOT put gas in my name there were only 3 Gas Meters yet 6 apartments in one complex. Multiple tenants using the same meter. No device on meter to seperate usage per tenant. 7 years of being a tenant and during my final week then decides I am responsible for the gas and is suing for Breach of Contract. Landlord in Summons provides 3 years of gas bills with the following info: - The account is NOT in my name - The account address is the ENTIRE multi-unit building and NOT for a single apartment - Account in question in his deceased Fathers name who owned the property prior to his death and never had it transfered in probate -Goes back 3 years YET I have been a tenant for 7 years -Is missing various months of invoices throughout the 3 years Other Info: No thermostat for heat -gas broken Gas water heater
State/Country relating to Question: New York Already Tried: Additional Info: - No Thermostat for Heat (Gas) - Massive Holes in infrastructure and uninsulated - amount on summons (legal Document) was "whited out" and a new amount was handwritten in pen. - "Partial" gas bills amount to $1753 yet law suit for $4040.29 - In summons provided only partial list of gas bills in his deceased Fathers name and only 4 of 7 lease renewals as proof.
Thank you for contacting Just Answer. I am a licensed attorney, and will be happy to try and assist you further, if you could provide me with some more information first. Also, you should know that due to site limitations, I can't always see all of the information you may have typed, so if I ask a redundant question, I apologize in advance. Can you please tell me:
1) What is your specific legal question? Were you just looking for an opinion as to how this might play out?
2) When did he first ask you in a lease renewal to pay for gas? What year?
3) Did you have discussions with your landlord about not being able to transfer the gas into your name for the reasons you stated above? What was his response? Do you have any documentation?
I was a tenant in 2002-2009. In 2002 & 2003 Lease renewals had no mention of gas bills being paid by me. In 2004 is when the Lease Renewal stated I was to pay for gas. We only had a "conversation" stating that others were on the same meter and that It was not possible to switch over (I might have been set up) Yes, How would this play out & please address additional info I sent. Thank You
Additional info: Questions Can I be liable for the entire gas usage when other tenants were using the same meter with no device to seperate who used what? Can he use "white out" on a summons to handwrite in an amount? The gas bill was in His deceased Fathers name (dead since 2002). When the property was transfered in probate why didn't he transfer the account?
Also, "Agreement is said to be reached when an offer capable of immediate acceptance is met with a "mirror image" acceptance (ie, an unqualified acceptance). The parties must have the necessary capacity to contract and the contract must not be either trifling, indeterminate, impossible or illegal." The agreement was impossible seeing that the account could not have been transfered in my name due to multiple tenants on the same account.
Thank you for your reply.
Obviously, you never know how a judge will ultimately rule, but based on the information and facts given, I think you've got a very good shot at coming out of this okay.
First, there is the fact that it is physically impossible, even if you wanted to, to put the gas in your name because there is no individual meter. Where there is an impossibility, a contract fails. It might be helpful if you could provide some evidence (photos, etc) to show the court that there are 6 units and 3 meters. I think it's impossible for him to show what your actual usuage is. His invoices will only reflect the usuage for the buidlings, making it difficult for a court to find you liable.
Second, the account address on the documents are in the apartment name, so he cannot possibly argue that other tenants are paying for their own gas directly, because the bill is coming to him. Furthermore, I doubt you would even be able to get the meter switched over even if you wanted to, because it's in his deceased father's name. And, if other tenants were paying for their gas, you would expect to see multiple account names, or the main account, and then these sub accounts for the individual units.
Thirdly, (and this is possibly your best argument) -you moved in back in 2002, but he didn't bring up the gas issue until 2004. That in itself is okay, maybe no one was expected to pay for their gas until then. But, then when you told the landlord you couldn't put the gas in your name, he let you stay there for another 5 years, renewing your lease, and only now deciding to sue you. Through his actions, he has consented to you not paying for gas. Presumably, he has been the one paying all this time. Therefore, he can't claim now that you breached a contract.
The fact that he is only suing for 3 years is likely due to a statute of limitations issue. As for the missing invoices, if a court were to agree with him (and that's a big if), I would think they wouldn't compensate him for any months of invoices he doesn't have. The white out on the summons I don't think is a big deal. It wouldn't be enough to have a case thrown out or anything like that.
As for why if he transferred the property, he didn't transfer the name on the account, I don't know. That's an excellent question, and one the court may ask. Regardless of whose name is XXXXX XXXXX account it doesn't change the fact that 1) with no individual meter, he can't tell you what your gas use is, and 2) he consented to you not paying for gas for years, so should be barred from claiming breach of contract now.
Good luck to you. If you have any additional questions, please press the reply button, and I will be happy to assist you further.
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