Q. Settle an argument using my health?: I’m in an argument with my landlord about my power bill, which is included in my rent. I run a window unit for a couple hours before I get home to get the temperature down, and he wants me to stop. He can’t separate my usage from the other tenants in the house, but I’ve done the math, and it costs, generously, $9.50 a month, which I’ve offered to pay him. Now he’s complaining about it to the other tenants, and he wants to take it out of my security deposit. The thing is, I suffer from daily migraines and heat makes me sicker. Being in a hot room for two hours, waiting for it to cool down to room temp from 100 degrees, is demonstrably bad for my health. I haven’t told my landlord about my disability and I don’t know if I should: I told him that I wanted to keep the temperature reasonable so my food and meds don’t spoil. What do you think I should do?
A: This seems like a question for the greater Prudie collective. Landlords, ADA experts, tenants’ rights lawyers—what say you? Can she just offer her landlord the extra $10 a month? Does he have the right to take something out of her security deposit if she’s not actually damaging anything? What’s the next right step?
__________________
The Principle of Least Interest: He who cares least about a relationship, controls it.
I would think he not only doesn't have the right to restrict the a/c but also can't charge for the electrical. Unless specifically in the lease, how can he ban the usage of a/c?
__________________
Sometimes you're the windshield, and sometimes you're the bug.
However, if utilities are included in the lease - they are included. The landlord needs to take into consideration worst case scenario use of utilities and build that into the rent amount.
And no - if utilities are included in the rent - he can't take it out of the security deposit. When the tenant moves out, he can sue to get that back.
__________________
LawyerLady
I can explain it to you, but I can't understand it for you.
How can he sue to get the money back if utilities are included in the rent?
I have central air & heat and my thermostats are on timers. I lower the heat at night by a few degrees during the winter, and raise it a degree or two during the summer at night and during the day when we are at work. Even when we are out of town, the timers remain the same and the a/c maintains the designated temperature. I have always done this. It's cheaper to maintain than it is to drastically raise/lower the temps, and it is harder on the units.
How can he sue to get the money back if utilities are included in the rent?
I have central air & heat and my thermostats are on timers. I lower the heat at night by a few degrees during the winter, and raise it a degree or two during the summer at night and during the day when we are at work. Even when we are out of town, the timers remain the same and the a/c maintains the designated temperature. I have always done this. It's cheaper to maintain than it is to drastically raise/lower the temps, and it is harder on the units.
The security deposit. If the landlord takes his security deposit for extra utilities, that would not be legal. He could sue to get the security deposit back.
__________________
LawyerLady
I can explain it to you, but I can't understand it for you.
I say yes, tell the landlord - but do it in writing. Once he is on notice that coming into a
super-heated apartment is detrimental to your health, he should not be able to increase
the electricity portion of your rent.
Will he reduce your rent in the winter, when you don't have to use the air conditioning? Hmm?
