Legal Question in Landlord & Tenant Law in Maryland

Hi,

I live in an apartment complex owned by Home Properties. We used to have free heat but the management company has decided to charged for this service. They have been billing people as they renew their leases. I actually have three questions. One, is this considered a rent increase since it was a service provided before and is now being discontinued (My bill is $101.30 for the warmest month on record in Maryland) Two, the way the bill is determine is to meter the total usage of oil and gas for the entire complex (84-92 apartments) and then divide the useage among the units based on square footage and occupancy. There is no individual metering or concern on an individual's usage. Three, how can they charge me for the heat if I choose to use a space heater?


Asked on 3/29/12, 6:44 pm

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

The apartment complex cannot change the terms of your lease without your written consent. As such, if your lease says you do not pay for heat, then you can't be charged for heat.

If your lease is up and they want you to sign a new lease that includes a provision wherein you pay for your heat, this is legally permissible and you have 2 choices: (1) sign the lease renewal and pay your portion of the rent, or (2) do not renew and move.

Regarding the individual metering -- if this is how the apartment complex chooses to bill for heat, then you either agree with it and live by or you don't agree with it, don't renew your lease, and move. If you agree to it by signing the renewal lease, you cannot get around it by using a space heating and then arguing that you shouldn't be billed for the heat since you didn't use it.

Best regards.*****The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 4/04/12, 10:24 am


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