Mistake made on our lease in Wisconsin?

Question

We found a nice house to rent and the property manager told us verbally that the tenent pays electric and gas while the landlord pays water, sewer and trash collection.  (Nice selling points).  THIS IS ALSO NOTED IN OUR SIGNED LEASE.  The city utility advised me they could not separate sewer and water out of our utility bill, so I left a message for the manager.  He did not get back to me so I paid the utility in full and sent in our full rent check for the month.  I put a note in with our rent check that I had in fact paid the utility in full as it was due and wanted to know how the property management handles this since the utility can not separate the bill.  He left a message on my phone that the management pays sewer and water and I should pay electric.  I called again and advised (voice mail message) that I already paid because it was due and did he want me to deduct it from our rent and enclose a copy of the bill. 

Now he said that it was a mistake and we have to pay it.  I said I have a signed lease that states otherwise and he told me if I didn't like it to move out and he will rent to someone else.  

First, I beleive it was an honest mistake by the management company.  I was also advised the property owner said he was going to make the property manager pay it since it was his mistake, which is why he was such an a$$ about telling me to move out.  

At this point, who is responsible for the sewer and water portion of my utilities and can the owner make they manager responsible?

Thanks!

Anonymous · Accepted Answer

The lease cannot be changed without the consent of all parties involved. You have a lease that states the landlord will pay water and sewer, and this is what your landlord must go by. It is not uncommon to have sewer and water on the same bill.

Do you have one utility company that handles electric, gas, and water (and therefore sewer)? If this is the case, then the bill should stipulate the amount of each utility. You should send in your portion of the electric and gas, then send a copy of the bill to your landlord to cover the water and sewer. Is the utility in your landlord's name? I have never seen a utility handled this way, but this is the only reason I can think of for the confusion.

Bottom line: your landlord has to abide by your lease, even if he made a mistake in writing it. If you had signed a lease stating you were responsible for ALL utilities, even if he told you that you only had to pay electric and gas, rest assured he would have every right to demand the entire cost of all utilities from you. It will not escalate past this: he is not going to evict you for non-payment of a utility your lease specifically states you are not responsible for. I wouldn't worry about it. Pay for what your lease stipulates, and do not pay this in the future.

njc_flhtc · Answer

The property manager is stuck with terms of the lease.  You could offer to negotiate some accommodation and sign a corrected version, but you don't have to.  Carelessness is expensive.  I've been stuck a few times over the years because I didn't proof-read as well as I should have.

herborn · Answer

If God forgives me He does it for my sake. Not when you consider that He demands to forgive me however when you consider that that's what I have got to suppose like He isn't nonetheless mad at me for what I have performed. I make dangerous offerings at all times. When I observe it I consistently appear to invite His forgiveness for it and that I will attempt to do higher the following time. He simply sits up there and laughs at me and says "OK" your forgiven. Then I am pleased once more and cross on my manner. That is when you consider that there isn't so much He can do approximately me and there isn't so much I can do approximately Him. He simply sees me as one other clumsy and really dull human now not so much unique than some other individual. And He has lengthy forgiven me for that.

Landlord · Answer

No, that would not be legal.    It is your bill, you are responsible.   The manager could never legally be held liable.

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Mistake made on our lease in Wisconsin?

4 Answers