Start Charging for water 4 years into 5 year lease
My wife has a store front where she teaches CPR classes.  We've been in the space for 4 year of our 5 year lease.  We got a notice today that the owner is going to start charging for water/sewer based on rented square footage.  Our business does not use much water, only for the single bathroom and to clean our equipment.  But there is a restaurant also in the same strip mall.  The owners of the restaurant also wash their personal cars behind the strip mall.  Is it legal for them to just start charging for water?  The  units do not have individual water meters and its not right for us to pay for water that the other renters are using.  We did not agree to this on the lease as far as I can tell. 
[{"id": "ejck8wa", "text": "Check your lease", "replies": [{"id": "ejcmlrd", "text": "Our lease states; \" Water, sewer, and refuse is contracted and paid by the landlord.\"\n\nIs there anyway they can strong arm us on this or evict us if we don't pay it? We hate this location and will not renew the lease once its up. ", "replies": [{"id": "ejcmz9p", "text": "If you're lease says that they cant make you pay it. \n\nYou might be moving at end of your lease just from him being annoyed. But no he cant force it. ", "replies": [{"id": "ejcnf8l", "text": "Most leases have some kind of clause stating that the landlord can elect to separately meter tenants for their water use. In terms of arbitrary proration I haven't really seen that much", "replies": [{"id": "ejcnia0", "text": "Right it depends on the lease as always. If the clause op listed is all that there is regarding it, then they should be fine. ", "replies": [], "depth": 5}, {"id": "ejcnzub", "text": "At this time the water meter is shared. I can't imagine how much it was cost them to divide into separate meters for each unit.  When I called they stated the bill went from $125 month to over $700.  It sounds to me like there is a plumbing issue somewhere wasting water. ", "replies": [{"id": "ejd0nvs", "text": "Hopefully, this is just a notice they had to send to all tenants so that one tenant would stop being a knucklehead.", "replies": [], "depth": 6}], "depth": 5}], "depth": 4}], "depth": 3}, {"id": "ejcq9h3", "text": "Is there anywhere else in the lease that says Landlord can bill back Tenants for utilities? I would really sit down and read every section. If you want, I can read it for you. I draft and review leases all day :)", "replies": [{"id": "ejcqi7o", "text": "My wife only sent me a couple pages of the lease.  I'm going to her office at lunch to read the rest.  ", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "ejcmmhj", "text": "You can at least demand that they get the water separately metered. Being near the end of your lease gives you some  leverage. ", "replies": [], "depth": 1}, {"id": "ejcpnm3", "text": "(a) Make sure to review your lease to see if the landlord is entitled to any type of reimbursement for water/sewer. (Double check in any provisions related to Common area maintenance or utilities). If the discussion on water relates to direct metering, or paying utilities direct, it could require the landlord to install a separate meter, which may be cost prohibitive. \n\n&amp;#x200B;\n\n(b) look at your states laws as they relate to laches. (because they have never charged you for it for such a long period of time, they may have waived the right) \n\n&amp;#x200B;\n\nMake sure you know local laws and applicable defenses, it is always advisable to speak with a local attorney. Many  offer a free one hour consultation and you can figure out where to go from there. ", "replies": [], "depth": 1}, {"id": "ejd6wv3", "text": "I would reach out to a local broker and ask them to review your lease because they\u2019ll know your laws better. Also, tell them you\u2019ll be looking to renew your lease or for a new space because they\u2019ll be happy to help with your current issues if you utilize their service.\n\nRemember, using a broker on the buyer/tenant side does not cost you anything.", "replies": [], "depth": 1}, {"id": "ejf6bup", "text": "They are backing down now that I pointed out its in the lease.  We'll see what happens when we get our next bill. ", "replies": [], "depth": 1}, {"id": "ejdxvk2", "text": "Thank you for posting. Everywhere is different, for example in my city the landlord is required to pay for water and sewer for their tenants. I would contact your attorney to be on the safe side. ", "replies": [], "depth": 1}, {"id": "eje3qn3", "text": "Send him that line in the lease that states it's the landlord's responsibility and you are refusing to pay it.  If he doesn't cooperate, threaten to leave for breach of contract or that you will take him to court for reimbursement of the water bills. He should cooperate then. ", "replies": [], "depth": 1}]