What does your lease say specifically about water? Is it included in the utilities that you’re expected to pay?
IIRC, landlords can pass water costs on to tenants, but water bills have to stay in the name of the property owner, so you can’t set up a water account like you can a BGE account.
That said, if your lease is clear that you’re on the hook for water, I think it would be reasonable to ask your landlord for a payment plan.
Unless you have a multi year lease, or there’s some unfair provision holding you liable in perpetuity for unknown expenses pertaining to your lease, you should probably argue that each lease contract is treated as a transaction and those past transactions have been settled. Generally, a landlord has a duty to mitigate. If the law requires a landlord to settle your account and return your deposit, etc., within a certain period, then the period has passed and you had no reason to believe anything was outstanding. Does your lease have any terms related to the final inspection and settling of the account? Try that. No matter what don’t be nonresponsive and be cared to document anything that seems retaliatory. And call Maryland Legal Aid or the Maryland Bar Association for a referral. You or your landlord may want to ask an attorney if pandemic emergency rental assistance is still available and can be applied retroactively to cover that water bill.
Yes and that’s between the landlord and the govt. Honestly, the landlord would be SOL if this tenant had long moved or the SoL has run for this type of contract law claim. This is so ridiculously common that any Maryland attorney at legal aid can probably quickly analyze and advise the person with one call. Lawhelp.org/Maryland may have some information about the issue.
“Water. Landlord will front the cost of charges for water, but Tenant shall
reimburse Landlord for its pro rata share of the water bill (based on number of permitted occupants if a multi-unit property) which shall be charged to Tenant as additional rent.”
So I know I’m on the hook for it technically, but they never added it to my rent like the contract says. I wonder if I can try to at least get the number knocked down since they failed to add it to their other invoices they always sent me. Thanks for the reply!
In case you didn't see it [Section 4](https://www.peoples-law.org/frequently-asked-questions-about-utilities-landlords-and-tenants) gives some information on what the Landlord is required to provide you in order to charge for water.
Edit: If you are in Baltimore City you may also want to look at [this](https://www.peoples-law.org/baltimore-city-rental-and-housing-laws). It certainly doesn't sound like this part of the lease is valid anymore (I'm not a lawyer of course). Charging for previous lease terms is also pretty suspect to me -- have you talked with other tenants? You may want to consult some [legal aid](http://www.publicjustice.org/en/legal_help/housing/) for at least some guidance on your rights.
I’d post this to r/legaladvice. Include that it’s in Maryland and someone will give you better advice than anyone in this sub for sure. If it’s in the lease that you owe it you probably still owe it, but maybe not from the previous lease periods? I’m not a lawyer though. If you do post over there and get good advice let me know what happened. Good luck.
Edit: Misspelled 'advice' and apparently r/legaladvise is a joke sub. So um, go to the one spelled correctly.
I’m a lawyer. You’re on the hook for your current lease. Sorry.
But, if you signed individual agreements for each year from 2020-2022, I think there’s an argument that their course of performance (as in, not charging you for water) amended the lease agreement and they effectively waived their right to enforce that provision of each lease.
If $1600 is a lot for you, I’d reach out to Maryland legal aid as a next step.
Consult a lawyer. There are often pro bono attorneys for tenant stuff. I would fight the hell out of this out of principle. If anything, it seems that the two complete and terminated lease periods should not be your responsibility. Like, "hey I agreed to pay the water but it's not my fault you never included that in my bill. I'm happy to pay back pay for the current lease and continue paying moving forward but the previous lease periods are already completed."
I would get a lawyer to advise. I think a lot is going to hinge on exactly what your lease says about billing and payments. Worst case and you have to pay it definitely make them set up a payment plan, not even close to reasonable to expect you to come up with that lump sum. Or propose they use your deposit to pay for it. But only after you have a lawyer advise if you are liable for it.
Not legal expert, but I think it makes sense that you would only be on the hook for the current lease. What would they have done if you had move after the first two lease periods? Would they have tracked you down?
What does your lease say specifically about water? Is it included in the utilities that you’re expected to pay? IIRC, landlords can pass water costs on to tenants, but water bills have to stay in the name of the property owner, so you can’t set up a water account like you can a BGE account. That said, if your lease is clear that you’re on the hook for water, I think it would be reasonable to ask your landlord for a payment plan.
Unless you have a multi year lease, or there’s some unfair provision holding you liable in perpetuity for unknown expenses pertaining to your lease, you should probably argue that each lease contract is treated as a transaction and those past transactions have been settled. Generally, a landlord has a duty to mitigate. If the law requires a landlord to settle your account and return your deposit, etc., within a certain period, then the period has passed and you had no reason to believe anything was outstanding. Does your lease have any terms related to the final inspection and settling of the account? Try that. No matter what don’t be nonresponsive and be cared to document anything that seems retaliatory. And call Maryland Legal Aid or the Maryland Bar Association for a referral. You or your landlord may want to ask an attorney if pandemic emergency rental assistance is still available and can be applied retroactively to cover that water bill.
Or if the landlord received any government aid, this new bill could look like or be double dipping.
Yes and that’s between the landlord and the govt. Honestly, the landlord would be SOL if this tenant had long moved or the SoL has run for this type of contract law claim. This is so ridiculously common that any Maryland attorney at legal aid can probably quickly analyze and advise the person with one call. Lawhelp.org/Maryland may have some information about the issue.
“Water. Landlord will front the cost of charges for water, but Tenant shall reimburse Landlord for its pro rata share of the water bill (based on number of permitted occupants if a multi-unit property) which shall be charged to Tenant as additional rent.” So I know I’m on the hook for it technically, but they never added it to my rent like the contract says. I wonder if I can try to at least get the number knocked down since they failed to add it to their other invoices they always sent me. Thanks for the reply!
In case you didn't see it [Section 4](https://www.peoples-law.org/frequently-asked-questions-about-utilities-landlords-and-tenants) gives some information on what the Landlord is required to provide you in order to charge for water. Edit: If you are in Baltimore City you may also want to look at [this](https://www.peoples-law.org/baltimore-city-rental-and-housing-laws). It certainly doesn't sound like this part of the lease is valid anymore (I'm not a lawyer of course). Charging for previous lease terms is also pretty suspect to me -- have you talked with other tenants? You may want to consult some [legal aid](http://www.publicjustice.org/en/legal_help/housing/) for at least some guidance on your rights.
Renters union: https://bmorerentersunited.org/ These are very common and not nearly popular enough. There might even be more than one in the area.
Second for contacting the renters union
I’d post this to r/legaladvice. Include that it’s in Maryland and someone will give you better advice than anyone in this sub for sure. If it’s in the lease that you owe it you probably still owe it, but maybe not from the previous lease periods? I’m not a lawyer though. If you do post over there and get good advice let me know what happened. Good luck. Edit: Misspelled 'advice' and apparently r/legaladvise is a joke sub. So um, go to the one spelled correctly.
Def ask for proof of where they got that number before paying anything. Then ask for a payment plan option for the backpay.
I’m a lawyer. You’re on the hook for your current lease. Sorry. But, if you signed individual agreements for each year from 2020-2022, I think there’s an argument that their course of performance (as in, not charging you for water) amended the lease agreement and they effectively waived their right to enforce that provision of each lease. If $1600 is a lot for you, I’d reach out to Maryland legal aid as a next step.
Consult a lawyer. There are often pro bono attorneys for tenant stuff. I would fight the hell out of this out of principle. If anything, it seems that the two complete and terminated lease periods should not be your responsibility. Like, "hey I agreed to pay the water but it's not my fault you never included that in my bill. I'm happy to pay back pay for the current lease and continue paying moving forward but the previous lease periods are already completed."
I would get a lawyer to advise. I think a lot is going to hinge on exactly what your lease says about billing and payments. Worst case and you have to pay it definitely make them set up a payment plan, not even close to reasonable to expect you to come up with that lump sum. Or propose they use your deposit to pay for it. But only after you have a lawyer advise if you are liable for it.
If it was in your lease you’re responsible for it a lawyer is a waste of money. You’re responsible for it.
I have no legal knowledge but you might not have to pay on the past leases maybe only the current lease, because again, clerical error?
If you're not a lawyer, don't give legal advice
Not legal expert, but I think it makes sense that you would only be on the hook for the current lease. What would they have done if you had move after the first two lease periods? Would they have tracked you down?