required to reimburse LL for filling oil tank when I leave?

This is a discussion on required to reimburse LL for filling oil tank when I leave? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I just left a house I rented and the LL claims that I need to pay him for filling the ...

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Old Nov 18th, 2008, 07:57 PM   #1
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Confused required to reimburse LL for filling oil tank when I leave?

I just left a house I rented and the LL claims that I need to pay him for filling the oil tank. I am 8 years out of my lease and have been month to month, here in Maine. I dont have a copy of my lease as it was 9 years ago. He says he will take me to court if I dont pay. Is this just a strong arm tactic, can he really do this? He also refused to do any repairs on the house...basement floods, 3 leaks in the roof, black mold in the bathroom...all these are reason I have left.
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Old Nov 19th, 2008, 09:29 AM   #2
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Default Re: required to reimburse LL for filling oil tank when I leave?

You don't need a reason to leave if you are on a month to month agreement now. And if you didn't pursue your rights to have these items corrected (written notice of needed repairs to the LL, followed by rent withholding with the clerk of court or repair and deduct remedies, or terminating the lease when he failed to repair promptly) you may have indicated to a judge that these items weren't too bad as to have to move. In other words, if you didn't feel strongly enough in 9 years to pursue these things, you have showed him you didn't care about them. The compaints would be irrelevent. The judge would rule that you wouldn't have remained there for 9 long years if these things were as bad as you now claim.

In your original lease, were you responsible for the oil utility? Did you pay for oil throughout the tenancy? Did you recieve the oil tank filled and left it without filling it? If it was full when you received the unt and you were responsible to pay for the oil you used all these years, why would you think you don't have to pay for the original oil that was in the tank? You need to leave a unit as you received it, less normal wear and tear. Use of a utility isn't wear and tear. If you paid for all the oil throughout those 9 years, you need to fill the tank when you leave. This is the usual procedure for oil tanks. You receive them full and leave them full.
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