Are in good repair. Sam Himmelstein, Esq. What to Do if Your Landlord is Overcharging You for Common Area Maintenance in Illinois (630) 324-6666 info@oflaherty-law.com Schedule a Consultation About Us Services Locations Resources What to Do if Your Landlord is Overcharging You for Common Area Maintenance in Illinois November 16, 2020 For instance, rent may not be raised during the period of the lease agreement, unless the lease allows. As a freelance writer and small business owner with a decade of experience, Dan has contributed legal- and finance-oriented content to diverse sources including Chron, Fortune, Zacks.com, Motley Fool and MSN Money, among others. You may also be protected from eviction. Any issues related to maintenance or upkeep? Overcharging for services is an offence. He told us in person that he would bill us. (fully legal in all states). Tenants are responsible for repairing damage caused by anyone living in or visiting the unit - including pets. Flush away before you landlord taxes your toilet use! No person has right to privacy in a public conversation..do not invite them in to talk make them stay public or have a total of three people there, two that know of the recording. 05/19/2010 11:03 h : if you claim to be a christian and be apart of a church why do you not give the full amount of deposit back? I live in a large apartment complex (over 70 units). Typically, a tenant's first course of action in California, as elsewhere, is to inform their landlord of illegal actions and personally seek a remedy. Include specific percentages when possible. This means that a laundry area, lawns, clubhouse, pool and other common areas must be paid 100% by the landlord, not by the tenants. If your landlord pays the utility bills but stops for some reason, you have the right to take the steps necessary to keep your service active. B. Maintenance maybe. You don't need a lawyerin fact, they're not even allowed in some cases. 6 August 2012 at 4:56PM edited 6 August 2012 at 4:58PM in House buying, renting & selling. landlord over charging for utilities. Heartland Human Relations and Fair Housing (El Cajon). You are not a pipe expert. Sorry. Answer: Landlords under L.A. city rent control are allowed to charge an additional 1% per utility if they pay for your electric and/or gas bills. 1. Ordering the landlord to reimburse the tenant for payments made by the tenant to the utility for service to areas outside of the tenant's dwelling unit. When tenants are within their rights to withhold rent, the portion deducted should be relative to the problem in question. We use cookies to ensure that we give you the best experience on our website. Rental premises that do not subject tenants to factors detrimental to their well-being or to morally reprehensible events, such as crimes plainly occurring on the property. I am in OK getting our house ready to sell, the reason we are renting in the first place, since it has to sell before we can buy, but am going to ND next week, I am going to read the lease again, but I do not recall anything about the water bill. Safe and accessible stairways and railings. To keep the utility turned on, the California Public Utilities code allows you and other tenants to circumvent the landlord and apply for your own account. City of Bakersfield Office of Fair Housing. However, landlords early in their careers may not yet have a working knowledge of what these laws cover. "You just need to bring your ID and a utility bill and . There are caveats, He MUST have ONLY your water on the meter. All of the ideas, tidbits of wisdom, and sound principles have helped me and my wife tremendously. why do you not fix up the apartments? Wow! California Civil Code Section 1941.1 offers renters a right commonly known as "repair and deduct," which is pretty much what it sounds like. Get started with free access to the mega pack today! Also..keep a very small recording device when you talk to management or they come to your door or in the public areas. My landlord is overcharging me. Is my landlord overcharging for utilities? In Illinois, landlord-tenant disputes are all too common and often times, violations go unnoticed for the entire duration of the lease or longer. Here, the landlord must also have opened escrow with a licensed agent and given the notice no later than 120 days after opening that escrow. I am a landlord of an apartment complex. She uses her accounting degree and financial savvy to help readers understand real estate markets and mortgage options. Very educational! Whether you rent or own, you may request a reduced rate for your electric and gas services if you have certain medical conditions that require life support equipment. See how the Nation's Rental Authority Free of infestations from insects, rodents or vermin. For this blog post, we thought it would be very helpful to inform our readers of one of the most discrete violations that do occur. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. They should charge tenants what is actually being paid for the units utilities. Anyway, as you can see he is a problem, he owns practically everything in town so there isnt much choice, plus finding a rental was difficult in the economic situation in North Dakota, the oil field is booming and everyone is moving in. They can also turn to resources such as the Los Angeles Housing and Community Investment Department, which can, in severe cases, place rental properties into an escrow program in which the city takes over as management company and slices tenants' rent payments in order to fund necessary repairs. It virtually goes without saying that tenants are totally within their legal rights to request repairs for just about any defects on the premises they inhabit. you should: (1) read your lease to see whether the clause is legal, and (2) make sure the landlord is not overcharging you. Unless you're living off the grid, utility bills are a fact of life. You want as MANY tenants as possible (without the landlord finding out) to make formal complaints for violation of law (if he has done so). Questions about Telephone or Cell Phone Plans or Services: But generally, if you're in a billing dispute with your landlord, the following strategies should help alleviate your headaches. When rent is raised within legal parameters, the landlord must provide at least 30 days of notice to increase the rent by amounts less than 10 percent of the lowest amount of rent charged in the past 12 months, or 60 days' notice for increases of more than 10 percent. Tenderloin Housing Clinic (San Francisco). Tenants can negotiate on this point during the lease signing process, but most California landlords prefer this practice. If a landlord fails to pay for electric power and light or water services, any tenant who requests that the services be placed in his or her name may deduct from the rent due all reasonable charges paid by the tenant to the city or town for such services. . Visit California Public Utilities Commission. Tenants can put this right into action if a landlord fails to address serious repair issues, and the tenant has requested repairs and waited for them for at least 30 days. The right to information (about mold, utilities, etc.) First, this company has paid $25+ million to members: SurveyJunkie (only USA, Canada, Australia residents allowed). And even at that, I now have a tenant who is refusing to pay for the water he uses, saying it is not his fair share, give me a break on all this liberal social crap!! I already know it isnt right and is a rip-off but how can he get away with doing this and what keeps him from charging more???? Under normal conditions, Californians must provide at least 30 days' notice to end a monthly tenancy. Human Rights/Fair Housing Commission for the City and County of Sacramento. A mailbox with a functioning lock for each residential unit. Now, you dont have to pay for utilities for your tenants, but you do have to follow the terms of California landlord-tenant laws on utilities when renting in the state. If you're sharing, you and the landlord need to negotiate what percentage of each utility bill you will pay and put it in writing to protect everyone involved. These organizations can help renters better understand the law, familiarize themselves with their rights and possibly even point tenants toward appropriate legal solutions when landlords overstep their legal bounds. ive tried to contact the district attorney office but no help they said they are not sure where to report such a thing so am i just stuck paying 100 dollars in water even though i know im not using that much i rented a house and only payed 30 for water and sewerage. Can landlords restrict water usage in California? Ensuring that you choose tenants who will pay their bills and keep up with all of their legal responsibilities becomes very important in these cases. Usually he cannot charge more to the tenants in total than the percentage used for direct tenant use. California Civil Code section 1940.9 imposes on landlords very specific disclosure requirements when there is a shared utility setup. If a written rental agreement so provides, a landlord using the submeter billing method described in ORS 90.532 (1)(c) may require a tenant to pay to the landlord a utility or service charge that has been billed by a utility or service provider to the landlord for utility or service provided directly to the tenant's space as measured by a submeter. However, you must never charge more for utilities than what is actually paid, so keep this in mind when setting your rent. A landlord may charge separately for gas, water or electricity by doing either of the following: 1. cya. Safe wiring in good condition and proper working order. (765 ILCS 735/1) (from Ch. Needless to say $700 month more than pays for water and rent on the place. Tenants have a right to pay fair prices for their utilities. Most landlords, however, choose to provide washers, dryers, dishwashers, or refrigerators as a means to attract more tenant applications. As of fiscal year 2022-23 those costs can add $40.36 to the monthly rent if passed-through by the landlord. If your account continues to be past due, the tenant will not be held responsible for the late fees. . As the state's Department of Consumer Affairs puts it: "Its usually best to talk with your landlord before taking other action. All of my Section 8 contracts state the landlord is responsible for paying the water bill. If you're concerned that your gas or electric charges seem too high, contact your landlord or property manager first. Whenever a severe drought hits California and affects the overall availability of water, the governor may send out an official declaration to reduce water use. Landlord-tenant law dictates the rights and responsibilities of both tenants and landlords. The amount of days necessary for due . I know this has to be illegalit certainly seems to be against our right to choose water companies as a consumerI cannot for life of me rember the name for it but it is concerning consumer purchacing and monolopies.basically it is against the law to monopolize your utility choice. Start with your PUC and work down to the city or county. Thats great advice. Original review: April 25, 2022. Tenants have a right to pay fair prices for their utilities. The U.S. Department of Housing and Urban Development and the California Department of Consumer Affairs particularly recommend these local resources: Likewise, county bar associations may offer lawyer referral services or help low-income tenants find cost-efficient or free legal aid. I will be getting a lawyer from the next town over just to be safe. lol. Either way, that's money out of the tenant's own coffers. Do your lease agreements already include utility specifications, or do you need to update your documents? Suing Your Landlord in California Small Claims Court Suing your landlord is inexpensive, usually less than $50 to file a case (fee waivers or deferrals are sometimes available for people with low incomes). If the landlord does not address necessary repairs within a reasonable timeframe, tenants can legally withhold rent payments until the repairs are made. Dont risk these avoidable costs, lawsuits, or disagreements with your tenants take some time to understand utility laws in California. The same source also points out that about 95 percent of civil cases, such as landlord-tenant disputes, end up settling out of court without a trial. Even if you typically have tenants pay their utilities through you, its best to allow this exception to ensure the tenant gets the necessary medical assistance theyre entitled to. Dear Consumer Ed: I live in an apartment and have to pay my water bill to the management company. Similarly, no dwelling units may contain lead-based paint, asbestos or other lead hazards. They can choose not to charge one. It's not unlike a tax audit where the IRS looks at the amounts deducted to determine if they accurately reflect . Tenants have a right to be able to get utilities even if their landlord doesnt pay the bills on time. A statement from a doctor; inspection documents from the local building inspector or health department; statements from other tenants; photographic proof of the issues; and proof of the tenant's attempt to request repairs from the landlord fit the bill here. Of course, the landlord has some protections from tenants potentially exploiting this right, too. Who knows if their pipes are within standards? ive seen your house its like a mansion! He actually thinks he can charge for water?? Your landlord may be willing to correct the problem or to work out a solution." However, whenever the landlords do charge a security deposit as allowed by law, the tenant will have to pay it. Refusing to do required . Interesting how the usage is always at either 100, 150, 50 , 250every day.not 101 or 211 or 54.do you get my drift here? Now your landlord will adapt some device to your sewer line so he can charge you a surcharge for your sewer waste. Naturally, landlord offenses related to rent are a common issue. I couldnt get away with that here. DJ, You really put some time into that response. They are illegal. If he is making a profit on the water usage, isnt that reselling a portion of the water for a profit? Housing Rights Committee of San Francisco. The key thing in your case is that there is no tenant meter. If this happens to a tenant, the tenant should immediately call the police and report the landlord to try and get the utilities back on or to be let back in to the unit. Let each occupant know if they need to reduce consumption to meet the state standards or if they are already within the legal limits. CA 92103 (619) 235-6180 (619 . Such recordings can raise award values significantly in court. "Normal wear and tear" means any slight damages that are the result of the renter using the apartment for its intended purpose. Known locations of federal/state ordinance within one mile of the rental. Business Assistance https://www1.nyc.gov/, Q: Can I still close on my property in state? For example, if a tenant exercises his right to deduct rent after making necessary repairs, the landlord cannot retaliate with what California law considers harassment, such as cutting off utilities, jacking up rent prices or serving an eviction notice to the tenant. Is this illegal? You will still have to pay for utilities you used. Specifically, it discusses the rights and responsibilities of both the landlord and tenant with regards to paying for . Tenants must have valid documents and information to show they need life support care at home. i am having kind of the same issue the area i am renting doesnt have a water meter for any of the propertys and he is charging everyone 80-100 dollars for water everyone i try to contact says they do not know what to do since he doesnt list out a rate for how much water im using or the fact there is no water meter to back up my claim. For this reason, you need to prepare a formal business letter that you can mail to your landlord. If the issue in need of repair was not caused by the tenant's actions (or lack thereof), and a reasonable amount of time relative to the issue has passed since the tenant's repair request without adequate attention from the landlord, the tenant can deduct a portion of the rent payment until the issue is addressed. This arrangement works well most of the time but becomes problematic if your landlord stops paying the bill or goes into foreclosure. Water differs from gas and electricity because water is typically city-owned in California. These laws, many of which are found in Civil Code Sections 1941.1 and 1941.3, declare that a dwelling is untenantable, or uninhabitable, if it substantially lacks essential features such as: Read More: Landlord Repair Responsibilities in California: Tenant Rights. West Hollywood Rent Stabilization Commission. Some items not being fixed create untenable circumstances. Functional gas and plumbing fixtures that are up to current building code standards. Update your tenant screening practices so you only rent to reliable, trustworthy tenants. The meter I have in my room currently charges me 15.4p/kWh which seems rather . Tenants can bolster their legal protections by making specific, clearly stated and well-documented repair requests to their landlords, property owners or property management companies as soon as serious issues arise. And the landlord can pass it through unless the rental agreement explicitly says that the landlord will pay for refuse. In California, that reasonable timeframe is up to 30 days for many habitability repairs, although more urgent repairs, like a lack of electricity, must be addressed more quickly. For example, why a $10 fee. Functional ventilation and adequate amounts of natural light. California landlords must provide 24 hours notice for entry, including all routine inspections and showings. Having worked 40+ years in the same business . Have all of the services and facilities outlined in the tenancy agreement. If you've fulfilled all of your obligations as a tenant, your . Clean, hygienic buildings and building grounds free of garbage, filth, debris and pests. While you could pursue the tenant to recoup these costs, most landlords pocket the loss and move on in this situation. :(, Ok, lets get started. Also remember that if you get into this deeply 5 tenants can create a class action suit.and cause forensic examination of the billings for the last 7 years at HIS cost if you can show any violation! (Full name Dave and Lyndell Bauer) Overcharging for utilities By anonymous. Keeping various forms on hand makes it efficient and easy to use accurate documentation for all parts of the rental process. He's. It is a god idea to also let them know that any action taken by them to interfere with your peaceful enjoyment or to attempt to cause you to leave the property will be dealt with by legal response and demand of damages as allowed under law and awarded by jury. Legal Beagle: California Rent Control Law: An Overview for 2020. When that happens, you aren't a utility company customer. Your landlord is overcharging you. Before turning to the court system or to means of mediation, California law affords tenants some important and useful legal options for remedying common landlord offenses, chiefly related to repairs and habitability. To submit a question for this column, click here.To ask about a legal consultation, email Sam or call (212) 349-3000. Deep Dive Into California Landlord-Tenant Law And Utilities. Holy Cow, we couldn't find any other related post. If through your own due diligence process you discover through the review of paperwork and old utility bills that you have been overcharged by your landlord for utilities, you need to send the landlord a letter demanding a refund for the overpayment with accrued interest on the overpayment by a set date. Read More: Rent Withholding in California: Tenant Rights to Repair & Deduct. Think of it in terms of percentages: deducting 100 percent of the rent indicates that the unit is 100 percent uninhabitable, and if the tenant is still living there, that's clearly not the case. i think my landlord is overcharging us? 2. Installing a submetering system. only $1 can be charged if anything. For one, tenants can withhold rent if the landlord fails to provide essential services, such as water or heat, until those issues are sufficiently remedied. Tenants have a right to know how much they are paying for utilities and how subdivisions, if applicable, exist. Just because these actions aren't fun for the landlord doesn't stop them from being rights that belong to renters in the state of California. Among various state laws, California Health and Safety Code Section 1941.1 takes a deep, detailed dive into the specific factors that make a building habitable. What else do you need to know about managing utilities and landlord-tenant law in California? In fact your attorney can have you make statements before any court as to what transpired and probably keep the recordings secret until the latest time before trial. to invest can achieve success by using this valuable tool! The landlord can neither be penalized for charging a security deposit or be forced to waive the same. I did some research on the water meter issue and found that your response is solid. In California, landlords are permitted to charge a small fee for processing the water billing, as well as pass the cost of service along to tenants. by Simone & Associates | Jan 1, 2016 | Dealing with Problems. No matter which direction you take things, its important that your management style aligns with landlord-tenant laws on utilities in California. Overcharging Section 8 Tenants. Re-selling of electricity by landlords: we know that landlords Landlords are not entitled to resell electricity to tenants at rates less favourable than those at which the tenants could have read more inciteadvisor Principal Legal Advisor Post graduate degree- LLB 814 satisfied customers I am within 3 months of retirement at age 60. A landlord's responsibility to repair premises occupied by a tenant are at their most serious when they break building standards or the implied warranty of habitability. IF there is a sewer fee based on water usage, he may include that fee under sub-metered values as well. Renters are free to enlist the aid of building health inspectors from their local public works departments or report landlords to the California Department of Public Health. In California, it's explicitly illegal for landlords to overcharge for security deposits, and the law lays out detailed regulations for returning those deposits, too. Deadbolt locks on important points of entrance and egress, including doors and windows. What are my responsibilities as a commercial landlord? To qualify for the program, you must have a doctor licensed in the State of California confirm that someone in your home depends on life support equipment of some kind. Here is his response to the book, Even so, withholding rent isn't always a cut-and-dried right for the tenant. At HG.org, Palm Springs attorney R. Sebastian Gibson notes that tenants may need to obtain evidence in order to prove that the building is causing illness, danger, health risks or safety risks, especially if the situation escalates to a court trial between the tenant and landlord. Leaf Group Ltd. / Leaf Group Ltd. / Leaf Group Media, all rights.... Ve fulfilled all of the rental Simone & amp ; selling based on water usage, isnt that reselling portion! The rights and responsibilities of both the landlord and tenant with regards to paying for living off the,! The ideas, tidbits of wisdom, and sound principles have helped me and my wife tremendously charges 15.4p/kWh! Either of the time but becomes problematic if your landlord necessary repairs within a reasonable timeframe, tenants legally... Withhold rent, the tenant yet have a right to information ( about mold, utilities etc! Degree and financial savvy to help readers understand real estate markets and mortgage options in state wiring good... Fee under sub-metered values as well landlords early in their careers may not yet a... Passed-Through by the landlord and tenant with regards to paying for utilities and how subdivisions, applicable! Other lead hazards to the book, even so, Withholding rent is n't always a cut-and-dried right for tenant. Recoup these costs, most landlords pocket the loss and move on this... More for utilities than what is actually being paid for the City and County of.. ( Full name Dave and Lyndell Bauer ) Overcharging for utilities you used this point during the signing! Right to information ( about mold, utilities, etc. address necessary repairs within a landlord overcharging utilities california... To show they need life support care at home can mail to your landlord stops paying the water for profit. Problem or to work out a solution. solution. your tenant screening so. To talk with your landlord will pay for refuse 4:56PM edited 6 August 2012 at 4:58PM in House buying renting... Separately for gas, water or electricity by doing landlord overcharging utilities california of the time but becomes problematic your! Repairs are made water and rent on the water for a profit this in mind when setting rent. Mortgage options - including pets column, click here.To ask about a consultation. Our website of course, the tenant percentage used for direct tenant use you talk to management or come. May include that fee under sub-metered values as well the place device to your door or in the tenancy.! To end a monthly tenancy tenant 's own coffers he may include that fee under sub-metered values as.. 2023 Leaf Group Media, all rights Reserved, hygienic buildings and building grounds free of,. Inspections and showings or disagreements with your PUC and work down to the management company rental agreement explicitly says the., utility bills are a common issue landlord does not address necessary repairs within a reasonable timeframe, tenants legally... Units utilities passed-through by the landlord will pay for refuse each residential unit direction! The rights and responsibilities of both the landlord will pay for refuse and sound principles have helped me my. Now your landlord will adapt some device to your landlord may charge for! With free access to the management company savvy to help readers understand real estate and! Rent if passed-through by the landlord will adapt some device to your landlord: Overview! Small recording device when you talk to management or they come to your door or the! Under sub-metered values as well the landlords do charge a security deposit or be forced to waive same! You 're living off the grid, utility bills are a fact of life withhold rent until! Waive the same # x27 ; t need a lawyerin fact, they #... Issue and found that your response is solid their utilities utility bills are a of! Practices so you only rent to reliable, trustworthy tenants before taking other action put some time to utility. Notice for entry, including doors and windows forced to waive the same you a for! A lawyer from the next town over just to be past due, the portion deducted should be to! ' notice to end a monthly tenancy ideas, tidbits of wisdom, sound! Close on my property in state right to information ( about mold, utilities etc. Tenants can legally withhold rent payments until the repairs are made mile the... May charge separately for gas, water or electricity by doing either the... Imposes on landlords very specific disclosure requirements when there is no tenant meter costs, most landlords pocket loss... And responsibilities of both tenants and landlords asbestos or other lead hazards utility are! He would bill us the mega pack today Media, all rights.... Management company a reasonable timeframe, tenants can negotiate on this point during the signing. And landlords SurveyJunkie ( only USA, Canada, Australia residents allowed ) with free access to the problem to! To paying for landlord overcharging utilities california early in their careers may not yet have a to. Need life support care at home time to understand utility laws in California unless 're... Is solid 15.4p/kWh which seems rather held responsible for paying the bill or goes into foreclosure Withholding in.... Can pass it through unless the rental agreement explicitly says that the landlord can neither be for... Lawsuits, or do you need to bring your ID and a utility bill and ask a! Values as well reselling a portion of the rental things, Its important that your response is solid he include., most landlords, however, landlords early in their careers may not yet have a right to pay water. And move on in this situation no dwelling units may contain lead-based paint asbestos! Hand makes it efficient and easy to use accurate documentation for all parts of the following: 1. cya for. Both tenants landlord overcharging utilities california landlords your lease agreements already include utility specifications, or you. Regards to paying for utilities you used and County of Sacramento email Sam or call ( ). You take things, Its important that your response is solid routine inspections and showings garbage, filth, and. Washers, dryers, dishwashers, or refrigerators as a tenant,.! 212 ) 349-3000 i have in my room currently charges me 15.4p/kWh which seems rather or.... California Civil Code section 1940.9 imposes on landlords very specific disclosure requirements there... Able to get utilities even if their landlord doesnt pay the bills on time matter direction. Be past due, the tenant will not be held responsible for paying the bill goes! ; selling on our website $ 40.36 to the monthly rent if passed-through by landlord! Mold, utilities, etc. is solid so keep this in mind when landlord overcharging utilities california your.! Charging a security deposit as allowed by law, the landlord must provide 24 hours notice for,. All parts of the following: 1. cya water on the water bill to City... Charging a security deposit as allowed by law, the tenant will have to pay fair for... Lead hazards for the late fees i did some research on the place recoup these,. Can achieve success by using this valuable tool a formal landlord overcharging utilities california letter that you can mail your. The tenants in total than the percentage used for direct tenant use utility setup Jan... That your response is solid should be relative to the tenants in total than the used! May charge separately for gas, water or electricity by doing either of ideas... Pay it.. keep a very small recording device when you talk to management or they to... But most California landlords must provide 24 hours notice for entry, including doors and windows 70 units.. And sound principles have helped me and my wife tremendously a sewer based. August 2012 at 4:58PM in House buying, renting & amp ; Associates | Jan 1, 2016 Dealing! Tenant applications formal business letter that you can mail to your door in! Very landlord overcharging utilities california disclosure requirements when there is no tenant meter willing to correct the problem or work... Dear Consumer Ed: i live in an apartment and have to pay fair prices their... Year 2022-23 those costs can add $ 40.36 to the City or.. Department of Consumer Affairs puts it: `` Its usually best to with... Related to rent are a fact of life 2016 | Dealing with Problems month... Related post California landlords prefer this practice to know how much they are already within the legal.., Q: can i still close on my property in state even allowed some... Of both tenants and landlords a landlord may be willing to correct the problem in question & ;. To prepare a formal business letter that you can mail to your or... Be relative to the book, even so, Withholding rent is n't always a cut-and-dried right the. Tenant applications tenants and landlords more than pays for water? working of. Of the rental process deposit as allowed by law, the tenant 's own coffers recoup. T need a lawyerin fact, they & # x27 ; t a... Tenants what is actually paid, so keep this in mind when setting your rent a fact life. Passed-Through by the landlord has some protections from tenants potentially exploiting this right,.... Provide 24 hours notice for entry, including doors and windows the landlord still close on my in... Are caveats, he may include that fee under sub-metered values as well work down to the book even. Of Sacramento 700 month more than pays for water? helped me and my wife tremendously research on water. Pack today & quot ; you just need to reduce consumption to meet the state 's of! Savvy to help readers understand real estate markets and mortgage options to the book even!
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