My lease specifically stated that the landlord pays, hot water, water (it's a well so he would pay to pump the water) and sewer ( septic pump) I found out, by accident, that for the last SEVEN years I have been paying these bills. I might add, this well is shared by another residence on the property AND his barn where he kept livestock. The breakers for the hot water heater, well pump and septic pump are in MY electrical box. He knew I found out, so when he renewed my lease this year, he omitted who pays for those utilities. The fact remains, I have 6 years of lease contracts that state otherwise and electric bills to prove I've been paying for what he stated he would pay. What recourse do I have to recover some of these expenses? After 7 years, I will be moving. He blatantly lied to my face too. At one point he was thinking of selling this property and in front of a potential buyer stated that HE pays the hot water, well and septic pump bills. I'm beside myself. I have been a good tenant, always paid my rent by the 1st. I don't want to lose my security deposit but do know I was absorbing at least $50 a month for the past 7 years that he should have been paying. Is this something for small claims court or are there other legal advocates for renters that I could contact?
1 Answers
Is this something for small claims court
Yes. The explicitness of your prior leases overrides the statutory variations that might exist among jurisdictions in this regard. And the total of 50$/month for six or seven years indicates that you would have to pursue recovery in small claims court (at least if the landlord refuses to reimburse you).
In Wisconsin, the statute of limitations for breach of contract is six years. See 893.43. Statute of limitations means the lapse of time upon which claims of certain type are no longer actionable.
Thus, you would only be able to recover the fees of the latest 6 years except for this year's lease, since your current lease no longer specifies that the landlord will cover that cost.
For more information on small claims courts, see chapter 799 of the Wisconsin statutory law.
- 45,677
- 4
- 72
- 96