LEGAL CORNER B y S tephen C. D uringer , E sq .
Questions & Answers I own a four-plex in Glendale. Each unit is metered separately and each household pays their own utility bills. My question relates to the lighting in the pathways and parking area. There is no separate meter for these. The lighting seems to be wired to the closest apartment unit, so the residents are paying for these “common area” lighting fixtures. Is that a problem?
Well, it might be, but it can be easily remedied. CC §1940.9 requires you to
disclose this fact to the residents “prior to the inception of the tenancy” or “upon discovery.” Additionally you should “execute a mutual written agreement with the tenant for payment by the tenant of the cost of the gas or electric service provided through the tenant’s meter to serve areas outside the tenant’s dwelling unit.” This can be done by a lease addendum or amendment advising each resident of the issue and affirming that the resident is aware that
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Apartment News
www.aaoc.com
March 2021
his separate utility bill includes charges for lighting of a portion of the common areas. Communication and disclosures are an important tool in dealing with residents, most appreciate the information and will have absolutely no trouble at all signing such an agreement. In the event that a resident refuses to execute such an agreement, then provided your tenancies are month-to-month tenancies, a thirty-day notice of change of terms may be prepared and served
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