Question on an apartment lease pertaining to submetering



Hi all,
I'm sure the answer to this question depends on Pennsylvania
landlord/tenant laws, but I was hoping for just a general ballpark
opinion of my complaint.

My apartment complex in southeasterm PA recently switched policy to
start charging tenants for water and sewer use. There are no meters on
the units, so they apply the RUBS algorithm to find how much each
resident owes. Then they use a firm called Ista to collect the amount
from the tenants, which for me means $25/month.

The lease I signed is for a total rent of $1110/month. That amount
is itemized into $1094 for rent and $16 for heat. No mention is made
on the lease of the $25 for water and sewer use, nor how the average is
arrived at. However, If I don't pay the $25/month, I will fall into
default.

The lease does mention that the complex will not cover water and sewer
and that I'm responsible for it, including paying any 3rd party
collection firm that the complex may employ.

My point of contention is this: The $25 is a fixed amount based on an
average usage per month for the entire complex. Therefore, I have no
control over it, whereas with other utilities I do have a certain
amount of usage control. I could go away on business for the entire
month and would still owe the water/sewer amount. So, I see it as
supplemental rent, and not a utility per se. And as supplemental rent
I feel it should have appeared on my lease when I signed on it.

I'm probably just going to pay it, but I'm more interested in getting
an opinion as to how my logic on this matter holds up.

Thanks!
RPM

.



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