questions & answers

Question: I signed a lease for 13 months. I was told there would be a cap of 60.00 for water. If I used less than that I paid for what I used. If I used 70.00 worth I would only pay 60.00. My water bill for 9 months has been approximately 15.00. I found out on 1/2/15 that I will be charged a standard amount of 80.00 a month because I have 2 bathrooms. Is this legal?

Answer: The landlord tenant act allows a landlord to allocate pass along water utility charges by using a "ratio utility billing system" which can be done "per number of water fixtures". (ARS 33-1314.01 F). If they use such a system the the rental agreement "shall contain a specific description of the ratio utility billing method used to allocate utility costs" (ARS 33-1314.01 G). You stated the landlord agreed to a cap of $60 at the beginging of your rental agreement. Generally, without your agreement, the landlord cannot change the terms of a rental agreement during the course of the lease period.