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Irwin Law
Irwin Law, Attorney
Category: Landlord-Tenant
Satisfied Customers: 7415
Experience:  Attorney 35 years extensive and active real estate practice; represents both landlords and tenants
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My company owns a mobile home park in Oklahoma City. I pay

Customer Question

My company owns a mobile home park in Oklahoma City. I pay the water bills for the entire park and the tenants pay me monthly when we send out bills to them as the water is sub-metered at each mobile home site. In 2009, without my knowledge or permission, the city of Oklahoma City, added a monthly charge for EMSA which is free ambulance care for anyone living in the mobile home community. I did not know of this charge until a few months ago. The city admitted that they did not inform me of the charge nor seek my approval as they were required to. In fact, each September, they sent the notification to opt in to a wrong address but charged me anyway. Two months ago, the city of Oklahoma City, realizing the error that they made, refunded the entire amount they had been charging me since 2009 which amounted to approximately $13,000. My legal question is this. One of the residents, in February, 2015, was taken to the hospital by ambulance through EMSA. He was since presented a bill by EMSA for $1,100. I went back to my billing for February and found that I had paid the water bill including the EMSA charge to the city of Oklahoma City. The tenant paid me for their February water bill. My contention is that even though the city of Oklahoma City gave me a full refund for all EMSA payments made, that occurred several months after the tenant paid me and I paid the city for the month of February, the very month the tenant was taken to the hospital. I feel the tenant was covered for EMSA care and they should not charge him for his ambulance ride to the hospital. The tenant feels that since he was taken to the hospital by an EMSA ambulance and the park was charged for this service and paid for it and he paid me even though he didn't know about the coverage at the time, that he should be covered for the ambulance and not charged by EMSA. I would like your opinion.
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Irwin Law replied 2 years ago.

In my opinion the cancellation of EMSA coverage by the city and the refund of all charges voided the park's coverage retroactively. You can't say, "I never agreed to pay for the coverage so refund my money", and then , claim coverage for that billing for service during the disputed coverage period. I am not dealing with the park's liability for payment of the bill, or whether or not, if liable, you can negotiate to pay the same amount that the city has contracted to pay.

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