Landlord is OVERBILLING for Water

By HOUTX- CGTenant

I’m moving out at the end of the month and as per my Lease Agreement, gave the Landlord Written Notice. Well, actually, 27-days when the contract requires 30!! The Property Manager decided to point that out with as much venom as she could muster along with a side note that my rent payment had been applied to utilities first and “Late Fees” are being tacked on to the “unpaid” $14 balance: $50 the first day and 10/day each day thereafter.

Even though I’d been comfortable over-paying an estimated amount which I’d based on 6-months of previous utility bills, Property Manager’s hostility and arrogance were sufficient to make me reexamine what Landlord actually bills me for utilities.

During the first six-months of occupancy, I understood from reviewing my bills that this NW Houston property uses a Ratio Utility Billing System (RUBS) to allocate the property’s actual utility bill (at cost) to ALL residents based on factors such as: occupancy, square footage, or a combination of both. Since my occupancy never changed during my tenancy, the RUBS formula Landlord uses to allocate utilities to me should return an accurate monthly bill for (SEWER $11 + TRASH $8 + WATER $13).

However, whereas my occupancy of 1 Adult:1 Child has remained unchanged since 2009, the amount Landlord charges me for water tripled from $11 per month during the first six months of occupancy, to over $33 per month between June 2010 and June 2012. Just to make sure I was being objective, I discussed and compared utility bills with several neighbors who occupy identical units on the property:”2-bedroom:2-bathroom” and, discovered that Landlord has consistently and without notice, or justification, overcharged me for water since June 2010. Essentially, the formula Landlord is using to allocate utilities to me has ensured that I have the highest water bill out of the group of tenants with the occupancy profiles outlined below.

·         2 Adults:2 Children + Washing Machine

·         2 Adults:2 Children + Washing Machine

·         2 Adults:3 Children + Washing Machine

·         2 Adults:1 Child + No Washing Machine

·         1 Adult:2 Children + Washing Machine

·         1 Adult:1 Child + Washing Machine:

·         1 Adult:1 Child + No Washing Machine (Highest Water bill)

I previously raised this issue in June 2010 when Landlord overcharged water for four months (March to June) by arbitrarily doubling the number of occupants in my apartment. The Landlord later adjusted the overbilling only after I’d noticed and challenged the discrepancy. However, in July 2010 immediately following my challenge to the illegal overbilling and, despite an unmitigated obligation to substantiate utility charges, Landlord resorted to mailing utility bills that simultaneously tripled my charges for water whilst concealing the RUBS formula being used to allocate the utility charges. Right!! 2*7 is no longer $14 if I hide the formula… I’ll just send you a number like $38 after I’ve replaced the formula with a comment like “Consolidated Charges” and demand payment with threats of eviction!!! A Bully Indeed!!!

NOTE: If Landlord’s utility bill didn’t triple, Landlord MAY NOT legally triple my utilities or arbitrarily bill me whatever Property Manager wants to charge. The Landlord MUST appropriately allocate amounts for utilities to each tenant.

I discovered blatant overbilling from June 2010 to June 2012 and exercised my right to request copies of Landlord’s water bills and the “super formulas” that make 2*7=$38 instead of $14 but Property Manager has refused to provide any documents that substantiate nearly $500 in overbilling for water between June 2010 to June 2012. Well, now off to obtain that Court Order which forces Landlord to give me his utility bills.

Related posts:

Holy Cow, we couldn't find any other related post. Sorry. :(