Legal Question in Landlord & Tenant Law in Georgia
I currently reside in an apartment complex. The company that the tenants pay their water bill to is also owned by the company that owns the apartment complex as well. I have documentation to that effect. The fees they charge tenants are exorbitant and if tenants are late paying their water bill they sometimes receive notices from the office stating that their rent may be impacted if they do not pay their water bill. Many tenants have questioned the charges on their bills and have been told to contact the apartment complex office. Is this not a conflict of interest? Some tenants have been threanted that if didn't pay their rent or their water bill, the office would just off the tenants electricity. It is my thought that this is illegal, especially since the tenants pay their electricity through a totally different company.
I found this GA law with respect to Unlawful Acts and Practices. Would this apply in this situation?
122-1-.04 Unlawful Acts and Practices.
2 Answers from Attorneys
The fact that the same company owns both the apartment complex and the manages the water utility may or may not be a problem. For instance, whether your apartment's rent can be increased for failure to pay a bill on time depends largely on your lease.
What does seem to be a problem, however, is if the management company (I'm presuming the company you are paying the water bill too merely manages the accounting of the water utility and does not actually provide the water itself) is providing unconscionable fees above market-rate that were not disclosed.
I hope this provides a bit of insight.
Best,
Yasha Heidari, Esq.
www.heidairplank.com
DISCLAIMER: Although I am an attorney, absent a signed retention and engagement letter, I am not your attorney. There are no exceptions to this rule. Moreover, you shall not rely on the information I am providing you, as it is only for your general knowledge and educational purposes. Consider it a good first step in your knowledge acquisition, but not legal advice. Indeed, my analysis is based on the extremely limited facts you have given me, and new facts could substantially alter any answer I give.
No one can tell if this is an unfair business practice without reviewing the documents. Consult with a local attorney.
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