Possibly Facing Eviction; Advice Needed

[Deleted member 14221]

OP relied on the management's statement when he signed the lease. OP was induced to signing the lease based on the management's statement that he could charge using their outlet in the garage. OP would not have signed the lease had the management not allowed him to charge his vehicle in the garage. OP is entitled to charge his vehicle without additional payment to the management. Based on the verbal statement, OP is entitled to charge and reasonable attorney's fees. SO ORDERED.

Is this a likely outcome? Probably not.

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[SightUp]

A little update.

My attorney is proceeding with the letter. In my state, there is a rule and I am no lawyer so I am going to butcher this, if a contract or lease is vague, the courts will side with the end user as it is the responsibility of the contract writer to be specific.

I went into JAG and spoke with a Major who said he couldn't give me too much help as its unethical to get a second opinion in legal matters. However, he stated that I have every right and my attorney is correct.

I will post some documents with the outcome that are a little more censored than they are at the moment after this settles but in the mean time I will keep you guys updated.

 

[AKgrampy]

A little update.

My attorney is proceeding with the letter. In my state, there is a rule and I am no lawyer so I am going to butcher this, if a contract or lease is vague, the courts will side with the end user as it is the responsibility of the contract writer to be specific.

I went into JAG and spoke with a Major who said he couldn't give me too much help as its unethical to get a second opinion in legal matters. However, he stated that I have every right and my attorney is correct.

I will post some documents with the outcome that are a little more censored than they are at the moment after this settles but in the mean time I will keep you guys updated.

I hope you do give us an update when this is resolved. I once saved my son over $20,000 on a co-signed auto loan because I remembered one paragraph from a legal class I took in college. So who knows what will happen in your case. I will share one last thing. I was in the AF and stationed in Greece. Our landlord was not happy she signed a two year lease with me as rents skyrocketed. She tried to evict me for no real reason but I would have lost. A Greek lawyer suggested just offering her a few more dollars per month and she may be satisfied. Offered $30 more per month and she was satisfied. I still saved quite a bit as there was a substantial housing allowance to cover the high rent most people were paying. We were right in that were did not owe more but would have had to find a new place to live if we would have fought it (not to mention the costs.) I would also be interested to know what it ends up costing you but really it is none of my business.

 

[Mach1E]

A little update.

My attorney is proceeding with the letter. In my state, there is a rule and I am no lawyer so I am going to butcher this, if a contract or lease is vague, the courts will side with the end user as it is the responsibility of the contract writer to be specific.

I went into JAG and spoke with a Major who said he couldn't give me too much help as its unethical to get a second opinion in legal matters. However, he stated that I have every right and my attorney is correct.

I will post some documents with the outcome that are a little more censored than they are at the moment after this settles but in the mean time I will keep you guys updated.

Vague?

I’m gonna guess that your lease (like most) specifically states that you pay your own electric bill.

In the end, because you’re going the lawyer route, you may “win.” But that doesn’t make it right. The courts? They aren’t going to take you to court over $25/mo.

You are currently getting something for “free,” that you shouldn’t.

Ask yourself, “who is paying for this electricity?” The answer is likely all your neighbors. That doesn’t seem right to me.

 

[SightUp]

Well, to reiterate, I moved into, along with two other neighbors who also use the wall ports in their garage for various electrical items, my apartment with the permission of the original manager to charge my vehicle. The new manager comes in and says that it's now a no go. I don't feel wrong fighting this right now.

As a caveat to this all, I did look at other apartments in my area just in case I must move because of this. We are paying for our 'luxury' apartment about 30-40 dollars on average more for a garage and about 200-300 more for the apartment.

 

[EVS]

Whoa, 10 pages for a non-issue! Set your ego aside. Just get a sub-meter and put it in. it costs $125 or so. If you can buy a $50k+ car, this should be nothing!
https://www.amazon.com/DAE-DEM730P-Electric-Submeter-Internal/dp/B01NBOYMJA

 

[Shelbeast]

OP relied on the management's statement when he signed the lease. OP was induced to signing the lease based on the management's statement that he could charge using their outlet in the garage. OP would not have signed the lease had the management not allowed him to charge his vehicle in the garage. OP is entitled to charge his vehicle without additional payment to the management. Based on the verbal statement, OP is entitled to charge and reasonable attorney's fees. SO ORDERED.

Is this a likely outcome? Probably not.

A verbal is not enough. Unless you go to court and the manager admits to saying it. I don't know the state laws on having a paid for garage and not being allowed to use the outlet. In renting, the electric is usually changed to renter.

Find out if another renter got the same deal.

 

[Shelbeast]

Well, to reiterate, I moved into, along with two other neighbors who also use the wall ports in their garage for various electrical items, my apartment with the permission of the original manager to charge my vehicle. The new manager comes in and says that it's now a no go. I don't feel wrong fighting this right now.

As a caveat to this all, I did look at other apartments in my area just in case I must move because of this. We are paying for our 'luxury' apartment about 30-40 dollars on average more for a garage and about 200-300 more for the apartment.

This makes sense now. If management has allowed it and then changed it, you should be allowed to use until contract is up. They will have to put in new contract.

 

[ponEpwr]

Management just going to turn the power off to that outlet. Problem solved office space style.

 

[DR.J56]

Son, we live in a world that has outlets, and those outlets have to be guarded by management with guns. Who's gonna do it? You? You, Lieutenant Weinberg? I have a greater responsibility than you can possibly fathom. You weep for Sightup and you curse the ICE vehicles. You have that luxury. You have the luxury of not knowing what I know, that Sightup's situation, while tragic, probably saved lives. And my existence, while grotesque and incomprehensible to you, saves lives! You don't want the truth, because deep down in places you don't talk about at parties, you want me on that outlet. You need me on that outlet. We use words like ”kilowatts”,”charging” and “EVSE". We use these words as the backbone of a life spent defending something. You use them as a punchline. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom that I provide, and then questions the manner in which I provide it! I would rather you just said "thank you", and went on your way. Otherwise, I suggest you pick up a CCS, and stand a post. Either way, I don't give a damn what you think you are entitled to!

 

[Gimme_my_MME]

Son, we live in a world that has outlets, and those outlets have to be guarded by management with guns. Who's gonna do it? You? You, Lieutenant Weinberg? I have a greater responsibility than you can possibly fathom. You weep for Sightup and you curse the ICE vehicles. You have that luxury. You have the luxury of not knowing what I know, that Sightup's situation, while tragic, probably saved lives. And my existence, while grotesque and incomprehensible to you, saves lives! You don't want the truth, because deep down in places you don't talk about at parties, you want me on that outlet. You need me on that outlet. We use words like ”kilowatts”,”charging” and “EVSE". We use these words as the backbone of a life spent defending something. You use them as a punchline. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom that I provide, and then questions the manner in which I provide it! I would rather you just said "thank you", and went on your way. Otherwise, I suggest you pick up a CCS, and stand a post. Either way, I don't give a damn what you think you are entitled to!

 

[Mach1E]

Well, to reiterate, I moved into, along with two other neighbors who also use the wall ports in their garage for various electrical items, my apartment with the permission of the original manager to charge my vehicle. The new manager comes in and says that it's now a no go. I don't feel wrong fighting this right now.

As a caveat to this all, I did look at other apartments in my area just in case I must move because of this. We are paying for our 'luxury' apartment about 30-40 dollars on average more for a garage and about 200-300 more for the apartment.

Again, just because you CAN take something, doesn’t mean it’s your right or that you should.

If the community has a public pool, should you be allowed to drain the pool water to use to water your lawn?

Lease is vague doesn’t say you “can’t.”

Charging a car daily is obviously a new situation they’re trying to figure out. Uses waaaaaaay more electricity than a fridge.

And if you’re using more, you should pay for it. That’s what new management figured out.

And in the meantime? You’re taking advantage and doing it in the worst way (rude communication and lawyers).

But hey…. That’s just how people “get their way” these days I guess.

 

[EELinneman]

Did management actually install any rat traps? im curious to know if they used it as an excuse to enter your garage under a false pretense.

I doubt that it is his garage. As the OP mentioned others using plugs for things like appliances, it's likely common area and the management is well within their rights to be there. They don't need an excuse to go there. The argument you are pursuing is not going to be successful and will cause hostility.

 

[DennisD]

Again, just because you CAN take something, doesn’t mean it’s your right or that you should.

If the community has a public pool, should you be allowed to drain the pool water to use to water your lawn?

Lease is vague doesn’t say you “can’t.”

Charging a car daily is obviously a new situation they’re trying to figure out. Uses waaaaaaay more electricity than a fridge.

And if you’re using more, you should pay for it. That’s what new management figured out.

And in the meantime? You’re taking advantage and doing it in the worst way (rude communication and lawyers).

But hey…. That’s just how people “get their way” these days I guess.

At the end of the day, all tenants pay for what they are/will be using. Landlords simply pass the cost onto their tenants. I own two rental properties and that is reality.

With that being said, contracts adjust to things on the ground so to speak. I would guess that very few contracts had envisioned EV's at their complex and they will now need to adjust to these situations that they had not thought about.

The Landlord will win the war but may lose the battle on this one. If I were the landlord on this one, I would adjust all future contracts/lease agreements with exact wording to the situation and chalk this one off to a "learning experience". After all, $30 per month (that is just a guess) is not going to break the bank on either side but it wouldn't be advised for either party to take this to court.

Once again, contracts usually have an expiration date and that is the time for the shoe to drop. I would bet that this is one of thousands of situations that are happening or soon to happen within the next few years.

Btw, my two rentals are simple. The tenant pays for all of their utilities currently and I am good. If they choose to plug in an appliance that spins the meter, I say go for it. ?

 

[SightUp]

A verbal is not enough. Unless you go to court and the manager admits to saying it. I don't know the state laws on having a paid for garage and not being allowed to use the outlet. In renting, the electric is usually changed to renter.

Find out if another renter got the same deal.

Also previously stated, several people have come to me and stated the previous apartment manager also told them they had free reign over their outlets.

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