A landlord recently received a notice for a garbage tax that is calculated based on tenants’ water use. The tax was not payable when the lease was signed, and the owner wonders whether the cost can now be passed to the renters.
Key takeaways
- Tax calculation: The garbage levy is linked to the occupants’ water consumption.
- Timing of obligation: At the moment the lease was signed, the tax was not yet enforceable.
- Current notification: The landlord has just been informed that the tax is due.
- Potential demand: The owner is considering whether to require tenants to pay the amount.
- Contract extension option: The landlord is also asking if the charge could be added to the mandatory annual lease renewal.
Understanding the situation
The landlord’s lease was executed before the garbage tax became applicable, meaning the original agreement does not mention this expense. The tax is calculated according to the water usage of the occupants, tying the cost directly to the tenants’ consumption patterns.
Possible actions for the landlord
Now that a formal notice has arrived, the landlord is evaluating two options: asking the current tenants to cover the tax retroactively, or incorporating the levy into the upcoming mandatory yearly extension of the contract. Both approaches hinge on whether the lease can be amended to reflect a new, previously unmentioned charge.