Rent company breach contract?
It CLEARLY states in my rental contract: "TENANT shall pay for gas and electricty. OWNER shal pay water/sewer/city". We lived here since Oct 2012 and they have yet to pay for the above mentioned. The utilities bill is all together so after months of asking why they havent paid their half, I was told it was an accident for that clause to be in there and that the tenant is responsible for all utilities. They apologized and offered to send us a new contract after already living here for 6 months now. I told her we dont mind paying but made it known that they breached their contract. We've been looking for a new place since then but to be safe should I get a lawyer to make sure we dont get penalized for breaking lease early?
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If you broke the lease, the landlord would have to take you to court to have you evicted. The same goes for you. If the landlord breaks the lease, you have to take him to court to have the lease broken without penalty. You can NOT just declare the lease invalid on your own.
They signed a contract. They cannot unilateraly change the terms of that contract They need to live up to their end of the bargain.
Do not sign the new contract.
If/when the water company sends a shut-off warning, pay the water company. And deduct that from your rent (sending in a copy of the bill and your check.)
Let them be the ones to bring you to court, asking the judge to set aside the contract that you signed and enforce a contract that you didn't sign. (They will lose.)
No it is not. they are 2 separate contracts. Your hire continues to be in complete rigidity and result. Any issues the owner might desire to have with the administration business enterprise have not have been given something to do with you, legally.