Possibly Facing Eviction; Advice Needed

[SightUp]

I need help. I have already consulted a local attorney but I am still anxious about the situation.

I moved into my apartment complex earlier this year, three months there about, and was told that the plugs in the garage unit were mine to utilize. I pay an additional charge of $125 dollars a month for my garage unit. They are also not connected to my meter. It was only a 120v trickle but I live in a small town and work is only about 10 miles away. I could live with that easily arrangement. The manager was either fired or resigned shortly after I moved in.

Last week, on 11/22/2022, I arrive to my garage door with a note that management would be entering to lay mouse traps. Not a big deal.

Here is where my email chain begins.

management:

Good afternoon,





Thank you for allowing us in your home today to place traps in the garage. While there, we noted there is a EV plug for a vehicle in the garage as well as two appliances. Power that is being pulled from the garage is not covered by the metered for your apartment. The community is paying for the electricity to the garage and therefore we cannot have these items plugged in. We would be happy to allow a sub meter to be placed in the garage which will show how much power is being pulled, but since this is an alteration for your apartment and not a standard change to the apartment- we would expect you to pay for the meter. Or we can raise the rent on your garage to accommodate the extra charge. At this time, we will need you to make alternative arrangements and cannot have you pulling excessive power from the garage.





I do want you to know that we have been talking about getting stations at the property for these types of cars, but it is still in the works.





Please let me know if you have any questions at all.





Thank you!

Me:

First, I have no appliances in my garage.



Second, that is unacceptable what you're proposing. There is nothing in my lease agreement about that. In addition, it was known beforehand, before I even moved in, before this email was sent to me that I was using a trickle charge. I've had multiple conversations with *** about this and the maintenance personnel post moving in about this. In fact, *** even told me that this was acceptable. In one conversation I had with ***, I asked him who pays for the charging if it was to be included in the garage. He said something to the summation of it would be no extra charge to you.



For you to alter any of our agreements this far in, it's completely unacceptable. The nearest charging station is clear on the south side of town and would require me to be stationary there with my vehicle for over an hour a day. That is unacceptable.



I'm not the only one with an electric vehicle here either who is doing the same thing. I keep on hearing you guys say the same thing over and over, we're talking about it it's coming. But where is it? It doesn't take this long to make an order.

Management:

Good afternoon,

Unfortunately, I was not here during these discussions. I spoke with ***, and the maintenance tech neither of them recall this conversation. Do you have any documentation that states we would allow this from either of them? I would be happy to discuss this further with you in a meeting next week. What time would work best for you to meet with me?

Thank you,

Me:

Of course they don't. Clearly they both lack integrity then.





I'll let you know when I am available after I contact legal aid. In the meantime, please send me a copy of my lease agreement and if you could specifically highlight the area that states I'm not allowed to charge my vehicle in my garage, that would be wonderful. Also an acceptable use policy pertaining the plugs within my garage, with the detailed list of what is acceptable, for how long, that I paid for already monthly. You will hear back from me about a meeting time no later then next Wednesday, if not sooner.



Also if you can pull the phone logs from before my lease was signed and attach those to the email? That'd be great. Because I do know we went over this as well then.

Here is when I contacted my attorney. When I texted my attorney, he immediately called me back and said they don't have any ground to stand on. Over the phone we read backwards and forwards over the lease agreement and the sub section specifically of the garage. They are using a leasing contract from 2016 that has nothing about EVs or any acceptable use policy about what can be plugged into your wall ports, when, for how long, other than extension cables.

I then met my neighbors. I waited for the people who actually own appliances in their garage and spoke to them. They recall the same conversation with the previous property manager as well. However, they were not contacted via email like I was. They said they would be up for the fight too as it was one of the conditions as they stored lots of meat throughout the year. I am guessing the husband is a hunter.


Today, I finally received a follow up from management:

Hello,





Sorry for the delay in getting back to you. Attached is a copy of the lease agreement, please note you can also access this through the app if you ever need a copy of it.

For where it is in your lease its on page 22 Lease Contract Addendum for Enclosed Garage, Carport, or Storage units. 6. USE RESTRICTIONS. Garage or carport may be used only for storage of operable motor vehicles unless otherwise stated in our rules or community policies. Storage units may be used only for storage of personal property. Garages, carports and storage units are not a dwelling unit. No one may sleep, cook, barbeque, or live in a garage, carport, or storage unit. Persons not listed as a resident or occupant in the Lease Contract may not use the areas covered by this addendum. No plants may be grown in such areas





We do not keep a phone log. Let me know about the meeting if you would still like to have one.

So, my problems are this. My attorney cost 175 dollars per hour. I want to assume the last email where it states "Garage or carport may be used only for storage of operable motor vehicles unless otherwise stated in our rules or community policies." I am still within my right to utilize as the sockets are within my domain, a light with a switch on the wall, that there is a garage door associated with it that also is plugged into another socket on the ceiling. In addition, I was told verbally by several people pre and post moving into this apartment complex that I am allowed to use the sockets. Other people are. I am worried that at the end of this road an eviction notice that I will have to fight will be coming my way. I cannot charge anywhere else. The only fast charger is 15min, so 30min total out of my way so, two hours every other day gone just to charge. I don't want to break my lease just yet because I am almost done with the VA home loan process.

I need some advice here. What are you guys thoughts? What should I do?

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[generaltso]

I've gotta be honest. The communication from the management company sounds professional and reasonable to me. The communication from you.....not so much. I know that's not what you want to hear, but that's my opinion.

They said you can pay extra rent to account for the electricity usage. How much extra? Can you figure out what your average usage is in a month and try to negotiate it to be that amount?

 

[Gimme_my_MME]

They said they would raise the rent to cover the electrical usage in the garage or you could get a sub-meter installed to pay for the electricity that way. Why not do either of those things?

 

[hybrid2bev]

So you want to charge for free using the apartment complex’s plug? Offer to pay for your usage, that’s fair.

As for your lease agreement, if it’s not included in writing then it’s excluded. Of course the lawyer is saying that the apartment complex is in the wrong, the lawyer wants to get paid!

 

[SightUp]

I've gotta be honest. The communication from the management company sounds professional and reasonable to me. The communication from you.....not so much. I know that's not what you want to here, but that's my opinion.

They said you can pay extra rent to account for the electricity usage. How much extra? Can you figure out what your average usage is in a month and try to negotiate it to be that amount?

I should have included a backstory too. I moved into a brand new apartment complex. No one else has lived in it before. I moved in a few days prior to everyone else. It was fine at first. But then the issues began. The lights in the public area shine directly into my bedroom. I asked for them to face them another way. They said impossible. The water pressure went down so much, I have to run my dishwasher three times to clean my dishes and it trickles, slight exaggeration but not by much from the faucets and shower head. They never sent anyone to inspect my issue and said nothing I can do. There is so much noise in my apartment from neighbors as well. I can hear them talking as they are walking through the halls in the middle of the night. I am a vet who has three slipped disc from a training accident in the Army and one in my neck from a car accident, not my fault. It's hard to stay asleep when you can never reach that deep sleep because of pain and then voices on top of that... I asked them, "why do you advertise this as luxury living at a 1,300 dollar rate monthly if I have to make all of this accommodations myself? Isn't this where you step in and fix it? kind of thing. I am pretty tired of this place right now but I need it until the paperwork is pushed through at the VA.

8801 is very luxurious, and I apologize that you are not happy with our answers. What other concerns do you have? We try very hard to accommodate residents but sometimes things are outside of our hands. You do always have the option to move if you are not happy with 8801 or us.

Absolutely 0 accommodations have been made.

Before and during uni, I worked customer service/sales for about 10 years. I would never tell a customer to go to another company. I would loose my job and generally speaking that's bad biz.

I would pay for what I actually used. In a city that charges .06 cents per kWh, too easy. That's not the issue. But they want me to pay, in a brand new building, for the labor, wire, and meter. That's a no go.

 

[generaltso]

I would pay for what I actually used. In a city that charges .06 cents per kWh, too easy. That's not the issue. But they want me to pay, in a brand new building, for the labor, wire, and meter. That's a no go.

Installing a meter was only one option. The other option was paying additional rent to cover your usage. How much is the additional rent? Is it more than your average usage? It sounds like they just want you to pay for what you use. Sounds fair to me.

 

[mkhuffman]

I am sorry to be another person to disagree with you, but I think you are being unnecessarily difficult. You are not paying for the electricity you are using in the garage. That is clear. Why should that be free?

And regarding all those other complaints you have - they seem irrelevant to using electricity you are not paying for. And they seem to suggest you are not really looking for a solution, you are looking for conflict. You are looking for a fight. I find it is much easier to get what you want if you try to work with people, instead of against them.

On the other hand, the landlord actually seems very reasonable. Why not try to negotiate with him rather than say he has no valid position? Is $175/hr for a lawyer more or less than what you will need to pay to reach a reasonable agreement with the landlord?

I really don't understand why some people look for conflict everywhere they go. It seems like that is what you are doing.

 

[SightUp]

I don't feel you guys read my post in the entirety. I moved into this place because I was told that the garage was mine and I could use the 120v charge. That has changed several months into the lease here. I am the bad guy now?

 

[Logal727]

I would just install a sub meter so they don’t gouge you on electrical usage. Shouldn’t be a whole lot.

 

[AKgrampy]

Not going to get into the argument I’ve side of things but everyone else should not pay for your electricity nor that of your neighbors freezers. You need to negotiate a rent increase to cover the cost of charging, install a meter, or stop charging. If you think about it you are taking power and making others pay for it.

 

[FullyCharged]

You didn’t get the promises in writing, and the people who verbally told you this are denying it. So even if you may not be the bad guy, it does not seem like you are going to get the free charging you think you are owed.

It sounds like you are ready to move as soon as you can regardless. As much as you don’t like it, to me it looks like best course of action is going to be to work with the apartment manager to estimate electricity usage and increase your rent accordingly. Assuming you are not there much longer, that approach is likely going to be cheaper than an attorney or dealing with an eviction.

 

[Gimme_my_MME]

Depending on where the panel and meter are you might actually be able to get the utility company to wire you up with 240v and get you an L2 unit that they can control all for a reduced rate.

 

[MachEr]

I don't feel you guys read my post in the entirety. I moved into this place because I was told that the garage was mine and I could use the 120v charge. That has changed several months into the lease here. I am the bad guy now?

I'm going to quote Judge Judy here... "You can't TELL me what **** said, that's hearsay. Show me in the lease where it says you can use the 120v outlet to charge your EV.. its not there? Case dismissed"

 

[Scooby24]

I don't feel you guys read my post in the entirety. I moved into this place because I was told that the garage was mine and I could use the 120v charge. That has changed several months into the lease here. I am the bad guy now?

In the back and forth it seemed like they were very reasonable.

They didn't have the information to back up your claim. They were denied by the source. They respectfully asked if you had it in writing to which you didn't.

Consider it from their perspective. Then read how you responded as though you were in their shoes. They don't have an exception to the policy and are providing solutions for you that seem quite fair.

I think that's what most of us are seeing and in that situation, they are responding in good faith while you are being combative.

 

[Jax_GT]

I don't feel you guys read my post in the entirety. I moved into this place because I was told that the garage was mine and I could use the 120v charge. That has changed several months into the lease here. I am the bad guy now?

I feel for you, but I do think you're stuck. Unless you have any of the pre agreements in writing you aren't going to win this. At least not without a fight that will cost you more than the increase in rates. I'd try to negotiate the adjustment with them for the remainder of the lease.

Lessons learned here. 1. Get things in writing. 2. When they're coming to inspect/enter your area, remove anything that would be out of place. Especially if it was an EV charge that just plugged into the wall.


I guess if you really want to be sneaky, just tell them you're charging elsewhere and then trickle charge only while you're home and occasionally. Just be prepared for issues if they catch you.

Also, if you're single, try dating a lawyer and see if they'll help out. I married one so these disputes are fun when the billable hours are free.

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