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?
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 on the 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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