I am a renter and have been living in this rental for three years in August my previous landlord sold the house I began paying my new landlord the same amount of rent in September I have no lease or rental agreement with the new landlord I rented this apartment with heat included in my rent now seven months later the new landlord is insisting that I pay for my heat Is this legal?
If you have no lease, you are a month-to-month tenant and the landlord can terminate your tenancy on one month's notice and offer you a new tenancy with different terms. So the new owner is within his rights to change the terms of your tenancy and if you refuse to accept those terms, you can be required to vacate the premise. However, there are certain steps that must be followed by the landlord in order to accomplish that. First, in order to change the terms to begin with, the landlord must have served you with a Notice to Quit, explaining that you tenancy is being terminated but offering you a lease with different terms (such as you being responsible for utilities), and that if you don't agree to those new terms, you must vacate the premises by a specific date, one month later. If you fail to vacate by the specified date, the landlord will have to file an eviction complaint in your county's Special Civil Part of the Superior Court and then wait for a trial date, obtain a judgment for possession and wait for a warrant for removal to be issued and served upon you before you can be locked out.
Since you are a month to month tenant, the landlord can propose a new lease to you. If you gave you the new lease in writing you then have 30 days to decide whether to accept the terms of the lease or not (as long as they are reasonable). So yes, he can make you start paying for heat, however, he has to jump through a few loops to effectuate this. If you have any questions, you should consult with an attorney with experience in landlord tenant law.
No! If heat was included in the lease, the new landlord must honor that. It can only be changed if you sign a new lease.
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