Our Oregon landlord changed from oil heat to natural gas over a year ago. Now that we are moving out she wants to charge us for the oil that used while living there. In the lease we are required to fill the tank when we leave. (The tank was full when we moved in.) The oil tank is decommissioned so they would be estimating the cost, and I read it is difficult to estimate a tank's capacity based on the gauge because tanks tend to tip. Am I required to pay even though they switched to a different form of heating?
The landlord would have to be able to prove the amount of heating oil you used - an "estimate" is not acceptable.So, about the only way the landlord can do such is - refill the tank and the amount needed to refill could be charged to you.Moreover, the tank could have been "tipped" while in the ground which would not allow it to be filled. Now it could be "tipped" the other way OR not tipped which would add costs to you.I would argue that a reading should have been done at the same time they removed the tank as to your usage OR they can't charge you.If you would like any additional information or have more questions please don’t hesitate to ask!Please remember to only rate my answer when you are satisfied with my response. IF you feel the need to click either of the two starts on the left, please STOP and reply to me via the "CONTINUE CONVERSATION" button. Let me know the issue you have and I will be happy to continue further and do everything I can to provide you with the service you seek.If you give any rating below 3 stars then I will not be compensated in any way for helping you today.The "helped a little" is considered a negative.Thank you,Law Pro
What is the legal reasoning to support the idea that an estimate is not acceptable? Is there an Oregon statute?
The tank is above ground, so if they can do a "reading" at this time, would they still be able to charge?
The "estimate" is a guess - the landlord has to substantiate and be able to prove any charges to you.There is no Oregon statute directly on point to this.If the tank is located where it was when originally read - then most certainly they can make a reading now and charge you for your usage.If the landlord can state (or a heating oil supplier can state) what the usage was within a reasonable degree of certainty - the landlord can charge you for your usage.If you would like any additional information or have more questions please don’t hesitate to ask!Please remember to only rate my answer when you are satisfied with my response. IF you feel the need to click either of the two starts on the left, please STOP and reply to me via the "CONTINUE CONVERSATION" button. Let me know the issue you have and I will be happy to continue further and do everything I can to provide you with the service you seek.If you give any rating below 3 stars then I will not be compensated in any way for helping you today.The "helped a little" is considered a negative.Thank you,Law Pro