Can a landlord charge for gas when the units are not metered separatly?
Full Question:
Does an apartment community that has 30 units in each building have the right to charge the tenants for water and gas if the apartments are not metered seperately? The apartments have no gas appliances and are heated with electricity not gas.
10/25/2007 |
Category: Landlord Tenant |
State: Iowa |
#10924
Answer:
The following is an Iowa statute:
562A.15 Landlord to maintain fit premises.
1. The landlord shall:
a. Comply with the requirements of applicable building and housing codes
materially affecting health and safety.
b. Make all repairs and do whatever is necessary to put and keep the
premises in a fit and habitable condition.
c. Keep all common areas of the premises in a clean and safe condition.
The landlord shall not be liable for any injury caused by any objects or
materials which belong to or which have been placed by a tenant in the
common areas of the premises used by the tenant.
d. Maintain in good and safe working order and condition all electrical,
plumbing, sanitary, heating, ventilating, air-conditioning, and other
facilities and appliances, including elevators, supplied or required to be
supplied by the landlord.
e. Provide and maintain appropriate receptacles and conveniences,
accessible to all tenants, for the central collection and removal of ashes,
garbage, rubbish, and other waste incidental to the occupancy of the
dwelling unit and arrange for their removal.
f. Supply running water and reasonable amounts of hot water at all times
and reasonable heat, except where the building that includes the dwelling
unit is not required by law to be equipped for that purpose, or the
dwelling unit is so constructed that heat or hot water is generated by an
installation within the exclusive control of the tenant and supplied by a
direct public utility connection.
If the duty imposed by paragraph "a" of this subsection is greater than a
duty imposed by another paragraph of this subsection, the landlord's duty
shall be determined by reference to paragraph "a" of this subsection.
2. The landlord and tenant of a single family residence may agree in
writing that the tenant perform the landlord's duties specified in
paragraphs "e" and "f" of subsection 1 and also specified repairs,
maintenance tasks, alterations, and remodeling, but only if the transaction
is entered into in good faith.
3. The landlord and tenant of a dwelling unit other than a single family
residence may agree that the tenant is to perform specified repairs,
maintenance tasks, alterations, or remodeling only:
a. If the agreement of the parties is entered into in good faith and is
set forth in a separate writing signed by the parties and supported by
adequate consideration;
b. If the agreement does not diminish or affect the obligation of the
landlord to other tenants in the premises.
4. The landlord shall not treat performance of the separate agreement
described in subsection 3 as a condition to an obligation or performance of
a rental agreement.
562A.18 Rules.
A landlord, from time to time, may adopt rules, however described,
concerning the tenant's use and occupancy of the premises. A rule is
enforceable against the tenant only if it is written and if:
1. Its purpose is to promote the convenience, safety, or welfare of the
tenants in the premises, preserve the landlord's property from abusive use,
or make a fair distribution of services and facilities held out for the
tenants generally.
2. It is reasonably related to the purpose for which it is adopted.
3. It applies to all tenants in the premises in a fair manner.
4. It is sufficiently explicit in its prohibition, direction, or
limitation of the tenant's conduct to fairly inform the tenant of what the
tenant must or must not do to comply.
5. It is not for the purpose of evading the obligations of the landlord.
6. The tenant has notice of it at the time the tenant enters into the
rental agreement.
A rule adopted after the tenant enters into the rental agreement is
enforceable against the tenant if reasonable notice of its adoption is
given to the tenant and it does not work a substantial modification of the
rental agreement.
562A.21 Noncompliance by the landlord — in general.
1. Except as provided in this chapter, if there is a material
noncompliance by the landlord with the rental agreement or a noncompliance
with section 562A.15 materially affecting health and safety, the tenant may
elect to commence an action under this section and shall deliver a written
notice to the landlord specifying the acts and omissions constituting the
breach and that the rental agreement will terminate upon a date not less
than seven days after receipt of the notice if the breach is not remedied
in seven days, and the rental agreement shall terminate and the tenant
shall surrender as provided in the notice subject to the following:
a. If the breach is remediable by repairs or the payment of damages or
otherwise, and if the landlord adequately remedies the breach prior to the
date specified in the notice, the rental agreement shall not terminate.
b. If substantially the same act or omission which constituted a prior
noncompliance of which notice was given recurs within six months, the
tenant may terminate the rental agreement upon at least seven days' written
notice specifying the breach and the date of termination of the rental
agreement unless the landlord has exercised due diligence and effort to
remedy the breach which gave rise to the noncompliance.
c. The tenant may not terminate for a condition caused by the deliberate
or negligent act or omission of the tenant, a member of the tenant's
family, or other person on the premises with the tenant's consent.
2. Except as provided in this chapter, the tenant may recover damages and
obtain injunctive relief for any noncompliance by the landlord with the
rental agreement or section 562A.15 unless the landlord demonstrates
affirmatively that the landlord has exercised due diligence and effort to
remedy any noncompliance, and that any failure by the landlord to remedy
any noncompliance was due to circumstances reasonably beyond the control of
the landlord. If the landlord's noncompliance is willful the tenant may
recover reasonable attorney's fees.
3. The remedy provided in subsection 2 is in addition to any right of the
tenant arising under subsection 1.
4. If the rental agreement is terminated, the landlord shall return all
prepaid rent and security recoverable by the tenant under section 562A.12.
95 Acts, ch 125, § 4, 5
562A.23 Wrongful failure to supply heat, water, hot water or essential
services.
1. If contrary to the rental agreement or section 562A.15 the landlord
deliberately or negligently fails to supply running water, hot water, or
heat, or essential services, the tenant may give written notice to the
landlord specifying the breach and may:
a. Procure reasonable amounts of hot water, running water, heat and
essential services during the period of the landlord's noncompliance and
deduct their actual and reasonable cost from the rent;
b. Recover damages based upon the diminution in the fair rental value of
the dwelling unit; or
c. Recover any rent already paid for the period of the landlord's
noncompliance which shall be reimbursed on a pro rata basis.
2. If the tenant proceeds under this section, the tenant may not proceed
under section 562A.21 as to that breach.
3. The rights under this section do not arise until the tenant has given
notice to the landlord or if the condition was caused by the deliberate or
negligent act or omission of the tenant, a member of the tenant's family,
or other person on the premises with the consent of the tenant.
562A.26 Tenant's remedies for landlord's unlawful ouster, exclusion, or
diminution of service.
If the landlord unlawfully removes or excludes the tenant from the
premises or willfully diminishes services to the tenant by interrupting or
causing the interruption of electric, gas, water or other essential service
to the tenant, the tenant may recover possession or terminate the rental
agreement and, in either case, recover the actual damages sustained by the
tenant and reasonable attorney's fees. If the rental agreement is
terminated, the landlord shall return all prepaid rent and security.
