YALL(landlord)T

[TangoJuliet]

Ugh, when is it going to stop with these people?!?

My family moved into a house in July and it has been issues after issues with the landlord. Here is the most recent one.

Prior to moving in we received a letter from their real estate agent stating that all utilities were to be in our name prior to moving in. However, the landlord pulled me off to the side and said that they had signed a contract with a oil company and asked if we could help them out and just pay for the fill ups.

I didn't think it would be an issue. Nothing was ever put in writing or signed in the contract. So in the 3 months that we have been living there the oil company has filled the tank 2 times : 100 gallons each time at a cost of $4.09/gal = $409 x 2

I called the company and asked what the current rates are and they said a guaranteed 1 year contract would be $3.29/gal. So it is costing us an additional $80 a fill up. I called the landlord and told him that we would like to get our own contract since it is costing us more then the current rate. I explained that I don't have a problem helping them out but I wasn't going to be responsible for subsidizing their move. If they wanted to cover the additional cost then I wouldn't have an issue with it.

They explained to me that if I want to switch companies then I have to pay to terminate their contract. I told them that there is nothing in our rental agreement that says this and if there was then I would honor it. The LL said he would check the contract and get back to me - its been 4 days since we spoke.

Am I being a jerk with this issue? I did informally agree to help them out but that was before I realized that they must have signed a contract when the oil rates were much higher.

Update 10/12: Made an offer to split the difference. We can get a fixed rate at $3.299 as opposed to the $3.899 they are under contract for. Asked for $30 for the last fill up and $30 towards this fill up.

Update 10/14: LL said he wasn't going to give anything towards the 1st fill up. His offer is to split $3.499 towards their "floating" rate and I would have to get the current price for oil at the time of delivery

Update 10/16: Told LL but the offer was unacceptable and that we were going to contact a lawyer and would not be paying any bills that were in his name.

 

[jtvang125]

Move?

 

[xanis]

As soon as you said this, I knew the fail was going to be strong:

I didn't think it would be an issue. Nothing was ever put in writing or signed in the contract.

I don't know that there's much you can do about this since the oil isn't in your name. Also, I'm not sure how your landlord can force you to pay to terminate the contract since it's in his name and not yours.

 

[the DRIZZLE]

What does the lease say?

 

[TangoJuliet]

What does the lease say?

All utilities are to be in our name. I also have a paper from their realtor stating the same thing.

I made an offer to work with him and split the difference. That way he doesn't have to pay an early termination fee and the price I would be paying isn't that high.

 

[Eli]

I'd say that if all utilities are supposed to be in your name, then you should probably put them all in your name.

It's not a good idea to piss off your landlord, though. I would just move.

 

[TangoJuliet]

I'd say that if all utilities are supposed to be in your name, then you should probably put them all in your name.

It's not a good idea to piss off your landlord, though. I would just move.

Well, that is what I want to do but they are telling me that I am going to be responsible for their early termination fees.

I'd like to move but we signed a 2 year lease.

Its getting to the point now where I think I'm just going to hire a real estate attorney and break the lease. I'm just waiting on a job offer - if I get the job then I'm outta there.

 

[the DRIZZLE]

Since you have the lease on your side, it's just a question of how civil you want to be with the landlord. I'd tell him straight up you going to cancel his contract in another week unless he wants to pay the difference.

 

[TangoJuliet]

Since you have the lease on your side, it's just a question of how civil you want to be with the landlord. I'd tell him straight up you going to cancel his contract in another week unless he wants to pay the difference.

Well, I made them an offer to split the difference and still waiting to hear their response.

Their oil guy delivers the oil and then the landlord sends me the invoice. I have nothing in my name, there is nothing in the contract. All we have is them mentioning weeks before the lease is signed for us to continue their contract but nothing was put in writing.

 

[Ns1]

Well, I made them an offer to split the difference and still waiting to hear their response.

Their oil guy delivers the oil and then the landlord sends me the invoice. I have nothing in my name, there is nothing in the contract. All we have is them mentioning weeks before the lease is signed for us to continue their contract but nothing was put in writing.

obvious response is pick up your own contract and tell him you no longer wish to buy oil from them.

you are NOT responsible for their termination fees.

 

[TangoJuliet]

obvious response is pick up your own contract and tell him you no longer wish to buy oil from them.

you are NOT responsible for their termination fees.

Thats how I feel too. Not only do they want me to pay the early termination fees but if I keep their contract then I'm paying $0.80/gal more then the current rate. Every fill up has been 100 gallons so we are paying $80 more.

I just didn't know if it was a dick move to verbally agree to it and then reneg. They never showed me their contract or how much they were paying per gallon. I just figured it was a reasonable rate and we would only have to fill up every 2-3 months or so - not every month.

 

[Ns1]

Thats how I feel too. Not only do they want me to pay the early termination fees but if I keep their contract then I'm paying $0.80/gal more then the current rate. Every fill up has been 100 gallons so we are paying $80 more.

I just didn't know if it was a dick move to verbally agree to it and then reneg. They never showed me their contract or how much they were paying per gallon. I just figured it was a reasonable rate and we would only have to fill up every 2-3 months or so - not every month.

the real question to me is

and asked if we could help them out and just pay for the fill ups.

What exactly did they ask and what exactly did you agree to? "help out" is pretty damn vague

 

[thegimp03]

3 months and you've gone through 200 gallons of oil? Am I the only one who thinks that's a lot of oil?

 

[Demo24]

3 months and you've gone through 200 gallons of oil? Am I the only one who thinks that's a lot of oil?

Does seem high since about the only thing I can think of that would need oil during that time frame is the hot water heater.

 

[Ns1]

Does seem high since about the only thing I can think of that would need oil during that time frame is the hot water heater.

LL is probably siphoning it back at night

 

[thegimp03]

Does seem high since about the only thing I can think of that would need oil during that time frame is the hot water heater.

Yeah, but in the summer? If it's being filled that much during the summer, I'd hate to see how much it's gotta be filled during the winter.

 

[TangoJuliet]

What exactly did they ask and what exactly did you agree to? "help out" is pretty damn vague

When we first saw the house they sat us down and we sort of did a interview. They told us that they were under contract with the oil company until July next year and asked if we would make the payments.

To be honest I totally forgot about it since this is my first home with oil heating. (I've had natural gas heating my entire life) Nothing was ever mentioned at the lease signing except that all utilities were to be in our name. Nothing was put in the contract.

3 months and you've gone through 200 gallons of oil? Am I the only one who thinks that's a lot of oil?

Thats what I was thinking as well. The LL explained to me that its not "oil that has been used but its oil thats going to be used". I think the tank must hold some big number like 300-400 gallons and there was probably nothing in the tank when we moved in.

After I paid the first oil bill I told him that we had to put in the contract that at the end of the lease whatever oil is in the tank they have to pay us at a rate of $4.09/gal. He made the amendment in the lease, faxed it over and I signed it.

 

[Ns1]

When we first saw the house they sat us down and we sort of did a interview. They told us that they were under contract with the oil company until July next year and asked if we would make the payments.

To be honest I totally forgot about it since this is my first home with oil heating. (I've had natural gas heating my entire life) Nothing was ever mentioned at the lease signing except that all utilities were to be in our name. Nothing was put in the contract.

yeah unless you verbally agreed to pay for XX amount of time (i.e. I agree to buy oil from you until the contract runs out vs yeah I'll help you out) I'd get my own contract and tell him to pound sand.

 

[TangoJuliet]

yeah unless you verbally agreed to pay for XX amount of time (i.e. I agree to buy oil from you until the contract runs out vs yeah I'll help you out) I'd get my own contract and tell him to pound sand.

Ok, thanks for the feedback. I thought it was a nice gesture to split the difference. When the invoice came in I'd pay $0.40/gal less. That way he doesn't have to break his contract, pay any fees and I get the oil at an ok price.

 

[Ns1]

Ok, thanks for the feedback. I thought it was a nice gesture to split the difference. When the invoice came in I'd pay $0.40/gal less. That way he doesn't have to break his contract, pay any fees and I get the oil at an ok price.

if you're willing to split the difference then I see the value in trying to keep a good relationship with the LL (it IS a nice gesture, I just wouldn't be willing)

 

[arcenite]

Sounds like BS to me

 

[Demo24]

LL is probably siphoning it back at night

Lol yeah I was thinking that after I posted that.


Also don't those oil tanks have a gauge on them, I'd think you'd be able to tell from that how much it varies. I don't know how accurate the gauge is though.

 

[TangoJuliet]

Lol yeah I was thinking that after I posted that.


Also don't those oil tanks have a gauge on them, I'd think you'd be able to tell from that how much it varies. I don't know how accurate the gauge is though.

I was going to ask the oil company on their next delivery if they could tell me how much was in the tank. If they couldn't then I'd ask them to top it off so I knew it was full. On the final fill up (when our lease expires) I'd ask them to top it off again and I'd bill the LL the difference.

 

[TangoJuliet]

So I finally got a response from the LL today. And below is what he sends me.

Joe, spoke with my realtor today who confirmed that we were to keep the current oil contract in place. He recommended that I stick to the agreement made at the contract. I am willing to work with you as well though and for all future deliveries if you can show me a lower price from one company (I don't want this to be an exercise of shopping the lowest cost on long island) I will split the difference with you. As for the previous two deliveries I will split the most recent one with you...which I believe would work out to you paying $365 of the $400 delivered.

Should I just tell this guy to not do me any favors and just get my own oil contract?

 

[MagnusTheBrewer]

So I finally got a response from the LL today. And below is what he sends me.



Should I just tell this guy to not do me any favors and just get my own oil contract?

Yes, yes you should. Also, check into your usage as has already been mentioned.