Is it legal for a landlord to insist that you use his oil company to fill your tank?
June 26th, 2011 | 
Author: My landlord is replacing his oil tank. It ran out of oil and I was without heat for fifteen hours in less than ten degree temperatures. That is bad enough but now he is insisting that I use his oil company to fill the new tank, I have always paid for my own heating oil using my own company which I am on a budget plan with. If I use his company I will have to pay all at once plus pay my own company because using a budget plan I pay on it all year. I suspect that my landlord gets some kind of discount on the tank if he fills it. I wonder is there are any legal eagles out there? Is my landlord within his legal rights to do this? I have written to the Attorney General’s office but would like some feedback.
Posted in Landlord Tenant Law
It is if it’s in your lease and you signed it.
It all depends on your lease and any agreement forms. I suspect that if you are responsible for paying for the utilities, then you can use whatever company you like.
Unless mentioned specifically in the lease, you can fill your tank from whatever source you like. He is not paying for it nor getting benefit of the heat generated. This is a utility like electricity that you are liable to pay and as such you are entitled to the most suitable deal for yourself.
The answer to your question may be in your lease if you have one. If your lease does not say that your landlord selects the oil delivery company, you should be free to make your own arrangements. Since you already have a plan, make sure your landlord knows that. Ask him if he can work with you on this to avoid the additional charges. If not, you may have to go to court. If you pay more because of what he has done, you may be able to go to small claims court at the end of the heating season with a demand that your landlord pay you the difference between what you paid and what you would have paid.
No. Even if he did put it in your lease, it will most likely not hold up to your state’s regulations.
Some landlords count on people not knowing what their rights are.
He sounds like one of them.
I recommend that you interview at least 3 or 4 Attorneys who have a great deal of experience with Landlord/Tenant Law
I recommend that you hire the Attorney that you think is best.
Sounds to me that your landlord is getting a kick back on what oil you purchased. Unless that was stipulated in the lease and you signed it you have to do as the lease stated however if it is not stated in the lease purchase the oil from any company you choose. Do it but do not tell him otherwise he may start looking to rent the place to somebody who he can control better.
ONLY if this is in your lease. if it is not then you can use any oil company you want to use.