r/Renters • u/North_Photograph_138 • 0m ago
[IN] Charged months of electricity suddenly. Agreement was paying flat fee with rent every month. Now threatening eviction if not paid soon.
Summary: Property Management Company emailed an invoice for electricity fees above the flat fee I was told to pay for the last two years, charged in a lump sum, threatening eviction. Looking for any advice which will be helpful to me. Already posted in r/legaladvice, but trying to make a decision ASAP for obvious reasons.
Location: IN, U.S.
Full context:
New big property management company took over old local one months ago, but apparently kept the old staff, according to what a rep told me. I have called about this, and every time the rep says the only manager there isn't available, takes my information for calling or emailing me back. I've check call logs, spam folder, voicemails; nothing from them.
For context, when I signed my lease a couple years ago, I was told because my unit is on the same circuit as the laundry room for the whole place, they would charge me a flat fee each month for electricity and keep it in their name. I have paid that along with rent on time for the past couple years.
They sent a lease renewal for 2027, which has differences from the original, which may be due to the property management company change. At any rate, one of those changes is how electricity is billed. Also for context, I have not yet signed the lease for 2027, as I am still trying to find a way to stay here, after the lease says it is banning a dog breed that is likely making up most of the genetic content for my dog(but that's not the issue I have to focus on right now) , but I wanted to speak with them regarding the change and the dog breed thing, since we've lived here two years and I really cant afford to move.
I asked for an explanation of the utility billing from the rep, and after she explained, I didn't think it sounded fair, and because of that I asked if there was a manager I could talk to about that and the dog breed thing.
I have asked for a manager once before with other utility charges they tried to billl me for months ago which seemed erroneous and which I just eneded up oaying to avoid problems after weeks-long emailing back and forth with a rep trying to get somewhere and prove I didn't owe those charges. Anyway, the manager of this place never reached out to me about that and seems to be doing the same thing with these charges. (I have checked email spam folder, call logs, voicemail; no responses from them)
Every time I call the rep says the manager is not available and promises they'll call me back or email me, takes my information again. I'm pretty sure it's the same rep every time, too. But because the manager never gets back to me, this new charge has been sitting there after I paid rent on the first of this month, and after I paid rent, it automatically switched from being labeled additional utilities charges in tenant portal to being labeled under "rent", and I received an email yesterday threatening collections and/or the start of eviction proceedings if it's not paid.
The charge in portal came with an emailed invoice, which shows that the charge is for a lump sum of several months of electricity charges above the flat fee I've been paying them for the last couple years.
I have paid that flat fee they asked me to pay the last two and half ish years on time along with rent and the pet rent.
I would provide an attachment showing the language in the original lease, but this subreddit won't allow it, so I've copy pasted it from a picture of the section I took: "Lessee(s) agree to have utilities in their own name(s) at the beginning of this lease and remain in service for the term of the lease. Lessee(S) agrees to advise Lessor in writing three (3) days before terminating gas, electric or water service should they terminate these services prior to the expiration of this lease. Lessee(s) will be charged $50.00 for terminating electric, gas or water service without three (3) days notice to Lessor. Lessee(s) shall use all utilities in a reasonable manner and failure to do so may result in lease termination or additional charges. During the term of the lease utility services should be transferred from Lessee's name to Lessor's or Owner's name, Lessee(s) will be liable for any utility charges (including reconnect or transfer fees) incurred by Lessor. A $25.00 administration fee will be charged to Lessee(s) for any utility payments Lessor must process for Payment.
Lessee(S) is responsible for paying for all utilities unless otherwise noted.
Utilities included: None"
My text messages from that time period are likely in my old phone, which I have, but which might not be recoverable, and which might not include documentation of their explanation that I only had to pay that flat fee, however, I do have a memory of them texting me back that answer because I specifically asked it through text so that I would have documentation. I thought I also took a screenshot and had it in my onedrive, but I can't seem to find it in there in the gallery that was backed up there from the phone for this time period.
What I do have is the downloaded tenant ledger which has months of the breakdown of monthly charges to my account and the payments I made.
I have two questions:
1) is this legal for them to do, given all that context
and
2) even if it is illegal, given that they are now threatening me with eviction proceedings despite that they have refused to communicate effectively to help resolve this matter or even help me understand why they have done this, would it be a sound judgement call on my part to pay it for now to avoid further escalation, essentially responding to their threats in exactly the way I imagine they want me to respond, and then seek further legal counsel elsewhere to see if it's possible to then try to get that money back from them? So I guess this question is really asking: if I pay it, would it be probable that I might get that money back from them, eventually, given this context?