Possibly Facing Eviction; Advice Needed

[MJ's Mach E]

No, they only knew about the charger because they saw it while setting some mouse traps. There is no way that they noticed a (maybe) extra $15-$20/month on their electric bill.

Wow! You have probably never been a landlord.

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[AKgrampy]

The local electrical code requires a light and 120 volt 20 amp receptacle in all enclosed spaces. This is often forgotten in the initial plans and get added as a change order in order to get their U&O permit. I always mentioned that these circuits should be run back to the individual unit assigned to the garage space. But never could get the folks that have to pay to do it.
And this man's free advise, pay the additional amount they want in rent to use the receptacle. That will be your cheapest path to resolution of this one issue.

Problem in this case, I believe, is the garage space can be rented by any unit so no way to physically wire it to a unit.

 

[AKgrampy]

I have a Mach-E GTPE... Unfortunately, my 100 amp panel is just not enough to add the 220 volt 50 amp charger to my home... It's too expensive to charge at home with 110 volts... Not to mention, it takes 95 hours to fully charge at the highest cost "peak hours". My bill increased about 100-125 dollars a month. I usually charge at the my place of business or stop at a "Electrify America" for 40-60 minutes... it's only $30.00 to $40.00. I would get in a routine like others do... you don't actually have to charge at home... I have a few Tesla owner friends that don't charge at home unless, they have solar panels. Just my 2 cents.

As long as you charge off peak and can have L2 charging it will be cheaper to charge at home versus DCFC. I believe that is going to be one of the issues for EV adoption for renters - higher cost to charge versus a homeowner.

 

[superdave80]

Wow! You have probably never been a landlord.

I am a landlord.

 

[Fins160]

I have a Mach-E GTPE... Unfortunately, my 100 amp panel is just not enough to add the 220 volt 50 amp charger to my home... It's too expensive to charge at home with 110 volts... Not to mention, it takes 95 hours to fully charge at the highest cost "peak hours". My bill increased about 100-125 dollars a month. I usually charge at the my place of business or stop at a "Electrify America" for 40-60 minutes... it's only $30.00 to $40.00. I would get in a routine like others do... you don't actually have to charge at home... I have a few Tesla owner friends that don't charge at home unless, they have solar panels. Just my 2 cents.

Your MME is so shiny it looks like it's melting!

 

[MachGT]

Use your VA loan and buy a house. Then you can plug in whatever you want. I can guarantee that your lease states that utilities are the tenant's responsibility. That clause would cover the garage, even if there is an outlet on the "house" meter. The way you're complaining about the building it sounds like you don't want to be there in the first place. Or... you want single family home quality of life at multi-family cost of living and you're upset that you're not getting it.

 

[LTC_HUGH]

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:


Me:





Management:




Me:


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:




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?

I didn't know this was an eviction forum!

 

[Deleted member 14221]

The funny part is the OP isn't even being evicted. He just made that part up.

On the bright side, at least someone corrected my law school doctrine and said it far better than I could. Promissory estopped with the two requirements.

The best part is OP should just pay the monthly fee for charging. He could have received 4 months of charging for the fee he paid to his lawyer for that one session.

 

[MJ's Mach E]

I am a landlord.

Ouch! Sorry Dave. Didn't sound as sparky when I was typing.
But this is a multifamily complex. Let's say it's 50 units. If every tenant has a BEV to charge that's $750 to $1,000 a month. I know, it's just one now, but as a landlord at what number do you take action?

 

[AKgrampy]

Ouch! Sorry Dave. Didn't sound as sparky when I was typing.
But this is a multifamily complex. Let's say it's 50 units. If every tenant has a BEV to charge that's $750 to $1,000 a month. I know, it's just one now, but as a landlord at what number do you take action?

Not to mention others had freezers plugged in so I am quite sure the new management noticed the draw.

 

[MellowJohnny]

The funny part is the OP isn't even being evicted. He just made that part up.

On the bright side, at least someone corrected my law school doctrine and said it far better than I could. Promissory estopped with the two requirements.

The best part is OP should just pay the monthly fee for charging. He could have received 4 months of charging for the fee he paid to his lawyer for that one session.

THIS!!!!

I'm stunned this thread made it to 14 pages....coulda (and kinda was) settled in the first two or three. Yet here we are.

Yes, I also see the irony

 

[mkhuffman]

I am just posting in the hope it moves the thread to 15 pages. ?

 

[MachTheKnife]

@SightUp: When leases are unclear enough to interpret two ways, judges often rule against the party that created the defective lease agreement. The lease language for use of the garage electricity is lacking because it fails to state that plugging in a vehicle is not permitted. It only lists "appliances" and a vehicle is certainly not an appliance. Although it might be an unfair result for the landlord, a savvy attorney may easily win this case, put it depends on the judge in the end. If the tenant does win this case, the landlord would have no alternative but to install the meter at the landlord's expense in order to determine the amount that other tenants should not have to pay (i.e. landlord pays until tenant's lease expires). However, a judge still could rule against the tenant in spite of the lease being defective and the tenant could be evicted. For instance, the judge, in his/her discretion, could rule that the vehicle, while plugged in becomes a temporary appliance and grounds for eviction. That is a real possibility in this case. I've been a property manager, a tenant, a landlord, and am currently a commercial real estate broker and have seen a lot of interesting cases and surprising outcomes in my profession. If I were a tenant is this case I would not risk going to court at this point and agree to stop using the unmetered outlet in the garage to charge the EV going forward. And if I were the landlord, I would create a new lease with definitive language to take place once each current lease expires and meanwhile separately meter each garage in case other tenants try to charge EVs before their current leases expire. I am not sure how to handle unmetered prior electrical use. The landlord should have anticipated this! Oh, and the mousetraps were just an excuse for spying on tenants once the landlord realized, too late, that EVs in the garages were a distinct possibility! They were asleep at the wheel (LOL).

 

[Ponypower50]

Buying a EV, you pay to charge it, that all.

 

[Burnsy8787]

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?

Yup. Instant aggression from OP. Based on the title I thought they were going to tell him he was facing eviction in the first email....

If OP calmly stated that there must be some confusion because the original agreement he had included use of the outlets. Also, they stated that an increase in the monthly cost could be an option in lieu of adding a meter. Odds are he could have added 20 dollars a month (which is less than he would spend charging elsewhere) and got away with it. Instead he came out swinging and now he has no choice but to lawyer up to win this battle.

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