Quote:
Originally Posted by MissChievous
I would look at the contract you signed and see where it states what kind of electricity will be supplied. Your landlord may not have been allowed to put in electric if it states that he will supply with gas heating. I would ask there what your legal rights are in this situation, instead of ganging up on your roomate.
It is your responsibility to be informed of all these costs before signing a lease, or to get a written contract made when anything changes.
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It's not very likely that the lease actually specifies what type of heat will be provided. I have moved 13 times in the last 16 years, and signed apartment leases in Canada, New Zealand, and four different US states.
I've never had a lease that said what kind of heat was to be provided by the landlord. I did have leases that said I as the tenant couldn't use portable gas space heaters, etc. The lease always says who pays each utility: i.e. the landlord pays for water, sewer, and garbage and the tenants pay for everything else. It sounds like your lease clearly says that tenants pay gas and electric.
Whether or not the basement room is legal or not, your landlord doesn't sound like a slumlord. You complained that the room was cold, and he/she quickly provided a heat source that is now permanently part of the building structure.
I am a landlord because I rented out my house in Rochester, NY before I moved to New Zealand. The situation between you/roomies/landlord can't happen to me. My house is legally a 4 bedroom, and could be advertised as such. But I listed it as a 3 bedroom with a finished basement: the basement has several windows, 2 closets, and 2 exterior doors. It also has ducts for central heating/air like the rest of the house. But it wouldn't matter if it had baseboard heat. I believe the only NY requirement to be considered a bedroom is that it have a window. The town building code office knows that my basement is finished: I pay property tax on it.
My lease says that the tenants pay all utilities, and that I pay for major repairs that cost more than $50. So if the furnace, kitchen stove, or water heater dies, I will replace it. But if the furnace dies, I could just decide to put in electric baseboard heating instead. I wouldn't, but I could. To be habitable, the house has to be heated. My lease doesn't specify how, and most leases don't. Otherwise, the tenants are on their own. The electric and gas bills cost whatever they cost and they can fight it out among themselves; it has absolutely nothing to do with me.
And you are in exactly the same situation as my tenants unless your lease specifically says "unit will be heated by natural gas." Or if the basement bedroom is illegal, and you can get the lease voided. Because these are your only outs. No judge is going to accept "we didn't understand the lease" or "we didn't realize the basement was heated electrically" as a valid reason to make the basement roomie pay most of the electric bill; she has a much of a right to be warm during the winter as the rest of you. And all 4 of you are equally at fault in the signing of the lease in the first place.
I hope that you all find some way to work this out, but please let this be a learning experience for all of you. Understand what you agreeing to before you sign any type of contract.