My question involves landlord-tenant law in the State of: Utah
While searching these forums for an answer to my question, I've read enough posts to understand that if a tenant doesn't take the action to have utilities turned off or changed into someone else's name, they're still legally accountable for charges associated with the utilities. However, I feel the circumstances of my question are slightly different, and the question is slightly different than what I've read so far.
I've got two sons who were living in an apartment complex for college students. The property management company charges a flat monthly rate for utilities, due at the beginning of each month, starting with the first month, along with the rent (but paid separately), and they encourage (nag) tenants to sign up to have the utility payments automatically withdrawn from their checking account each month. When the lease came up for renewal, both of my sons decided to find somewhere else to live because there were several things they didn't like about the apartment complex. They provided the apartment complex the required notice, complied with all the checkout procedures, and moved out. The following month they were automatically charged for utilities. We contacted the local management of the apartment complex, and they said they would get us a refund and make sure it wouldn't happen again. We got the refund, but the following month, the same thing happened again. This time when we called them, they referred us to their corporate office, who informed us that the agreement for automatic payments states that WE are responsible for terminating the automatic utility payments, not them, and they were "kind" enough to send us the clause from the agreement that states that. They have been unwilling to give us a refund.
Here are the two hang-ups I have with this. First, they were now double billing for utilities because they would have billed the new tenants in addition to billing my sons, who no longer lived there.
Second, I know that just because something is in a signed agreement doesn't mean it's legal. I work for a financial institution and every year we received training on consumer protection regulations. Under the Dodd-Frank Act, it is unlawful for any provider of consumer financial products or services or a service provider to engage in any "unfair, deceptive or abusive act or practices" (UDAAPS). What this means is, even if a customer signs an agreement to be charged for something, if those charges or fees are deemed to be unfair, deceptive or abusive, the institution is not allowed to charge those fees. One of the examples sited is if the associated verbiage is buried in fine print where a reasonable person wouldn't be expected to see it.
It seems reasonable to me that the property management company should either (1) terminate the automatic utility payments as part of the process of closing out a lease, or (2) if they want/expect the tenant to take care of it, include this as one of the checklist items they provide to tenants prior to them moving out. I don't think it's reasonable to expect young college students to remember this clause a year or more after signing the automatic payment agreement.
Thoughts?
While searching these forums for an answer to my question, I've read enough posts to understand that if a tenant doesn't take the action to have utilities turned off or changed into someone else's name, they're still legally accountable for charges associated with the utilities. However, I feel the circumstances of my question are slightly different, and the question is slightly different than what I've read so far.
I've got two sons who were living in an apartment complex for college students. The property management company charges a flat monthly rate for utilities, due at the beginning of each month, starting with the first month, along with the rent (but paid separately), and they encourage (nag) tenants to sign up to have the utility payments automatically withdrawn from their checking account each month. When the lease came up for renewal, both of my sons decided to find somewhere else to live because there were several things they didn't like about the apartment complex. They provided the apartment complex the required notice, complied with all the checkout procedures, and moved out. The following month they were automatically charged for utilities. We contacted the local management of the apartment complex, and they said they would get us a refund and make sure it wouldn't happen again. We got the refund, but the following month, the same thing happened again. This time when we called them, they referred us to their corporate office, who informed us that the agreement for automatic payments states that WE are responsible for terminating the automatic utility payments, not them, and they were "kind" enough to send us the clause from the agreement that states that. They have been unwilling to give us a refund.
Here are the two hang-ups I have with this. First, they were now double billing for utilities because they would have billed the new tenants in addition to billing my sons, who no longer lived there.
Second, I know that just because something is in a signed agreement doesn't mean it's legal. I work for a financial institution and every year we received training on consumer protection regulations. Under the Dodd-Frank Act, it is unlawful for any provider of consumer financial products or services or a service provider to engage in any "unfair, deceptive or abusive act or practices" (UDAAPS). What this means is, even if a customer signs an agreement to be charged for something, if those charges or fees are deemed to be unfair, deceptive or abusive, the institution is not allowed to charge those fees. One of the examples sited is if the associated verbiage is buried in fine print where a reasonable person wouldn't be expected to see it.
It seems reasonable to me that the property management company should either (1) terminate the automatic utility payments as part of the process of closing out a lease, or (2) if they want/expect the tenant to take care of it, include this as one of the checklist items they provide to tenants prior to them moving out. I don't think it's reasonable to expect young college students to remember this clause a year or more after signing the automatic payment agreement.
Thoughts?
Rent and Utilities: Charges for Utilities After Moving Out
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