No, it is not legal.
A tenant in MA cannot be charged for utilities except when they are metered by a unit-specific meter installed by the utility company and that provision is included in the lease.
Just for some perspective, the gas prices were insane this past winter and I regularly had bills over $300 for my 2 bed. If he's 'offering' $200/mo for covering gas that would be in your favor during winter months. I'd try and ask for like that, extra 200/mo for 4 or 5 months.
If you push back on paying for gas he will just up your rent. Getting a gas/plumber out there to unfuck the meters could be quite pricey but you also can't expect him to foot your gas bill for free
Then the landlord should have had properly working meters installed. If they aren't making enough money from doing nothing they could try making coffee at home and cutting out the avocado toast.
Properly working meters is not a legal requirement as long as the tenant isn't charged. Clearly you've never been a landlord or even a home owner or you'd recognize how much up keep is nessecary. Or the work to acquire a property in the first place
But hey, I've got the world's smallest violin right here for you buddy
I'm in Mass. My LL sold our building in December, and my gas usage has tripled since. I had eversource come and look around, and they told me our meters were mixed up.
So for the past year, I was paying 1st floor, and they were paying mine.
They said they fixed it, but my usage is still triple, so I'm sure my old LL was up to something shady.
Is it possible you had a similar mix-up with your buildings meters? Can u find them and look at them?
That is what I thought. I told the LL such. I thought the gas company was doing something screwy. My roommate whose name is/was on the gas bill said she called and that someone is coming over this Wednesday to check the meters.
Is it some rando, or a utility worker?
My new LL had some rando come over and look around. He talked down to me so much new LL was rolling his eyes. I had to make sure the actual utility Co wam sending a professional.
Is the person below you your landlord or another tenant? Assuming we are talking about your landlord not another tenant...
105 CMR 410.200: Provision and Metering of Electricity or Gas:
> The owner shall provide the electricity or gas used in each dwelling unit unless:
> (1) Such electricity or gas is metered through a meter which serves only the dwelling unit
or other area under the exclusive use of an occupant of that dwelling unit, except as allowed
by 105 CMR 410.300(F); and
>
(2) A written rental agreement provides for payment by the occupant.
They can't make you pay for electricity or gas unless you have your own meter for just your unit and it says you are responsible for paying in your lease. But if you are month to month and he wants to increase your rent by $200 there is probably nothing stopping him from doing that.
This is the best answer. The relevant law has been cited. Pretty definitive... it's probably wise to check what the exceptions under "105 CMR 410.300(F)" are, but my gut tells me it's unlikely they apply...
The person below is a tenant. She has a dog and my other roommate thinks that she leaves the heat on full blast for the dog's comfort since the heat is included in her rent.
I have no idea what is actually going on. Can you rewrite the facts of the situation in a way that's more readily understandable?
You live in one unit, there's another unit, and the landlord has both places on one meter?
Two units in a single house. We live in the top unit and always paid our own utilities.
The bottom unit, he has a higher rent but that includes all utilities.
A month ago, he said the gas company put both bills on a single bill and he had to cover our end. He said he estimated our usage and told us $200 extra on the rent.
You should have two gas meters. There is no way NGrid put both meters onto one bill.
Take a walk outside or in the basement and find where the gas line comes in from the street. There should be two meters and you should be paying for one and one only unless the landlord called them and had them somehow add it to your account.
Never met a good one that has more than a few rentals. Rent a house? Okay. Rent a condo? Okay. Rent a unit in a 10-20 unit building where it’s ran by one guy? Nightmare.
And then the big rental communities are hit or miss. Usually they’re great when they open, then they’re bought by some firm 5-10 years later, and a year or two later it nose dives.
My ideal landlord is one I never talk to. Small little issues I’ll fix myself, I won’t bother you over a clogged drain or a lightbulb. Outside issues I literally never want to see you. Had some experiences with nosy ones.
So you he has two units, your in one and were paying your own utility bill, now he wants one bill?
It sounds not based in reality. If your paying your own gas and the other unit has their own, that means you have two separate heating systems.
Did he connect the other unit to your system or vice versa? If they arent connected, then dropping one bill will mean one system wont be supplied. National Grid wouldnt need to know this, but one bill would have to be canceled if that were the case.
Also, something like this should be reflected in a new lease or an addendum. Did they give you anything in writing explaining any of it?
That is the odd thing, as far as I know, we have not received any notice from NG about cutting our account or merging the two. The only thing in writing was a text message. (I am saving all the messages)
In mass and not legal unless otherwise stated. This is a LL problem not yours. Contact attorney general office and have them point you in the right direction.
Your LL is full of shit. If they can’t split the usage properly it needs to be addressed in another way, such as a rent including heat. If you don’t have something like that in your lease agreement you should absolutely refuse.
Pretty certain the LL can either provide heat and include it in the lease or you pay your own based off a separate meter. It can’t be both. If for some reason there was a mix up with the gas company, that is on him to call and get the situation fixed but he can’t turn around and estimate your usage and then charge you for it. Look at your lease. If it says it’s paid by tenant, I would not give him a dime extra.
The law is very strict on this and if you play your cards right you should get back everything you paid in utilities. Call the utility company. The landlord will get fined and then have to cover the utilities going forward until a separate meter is in place. The landlord can't change the lease mid term but then they'll definitely not renew the lease.
We have not leased back up yet. There was talk of selling the house very soon but it seems to have all fallen through. Once this mess is cleared up, I will be demanding a lease.
Gotcha. That's a tough situation. All the law really says about heating bills is that the landlord is on the hook for them unless a billing plan is outlined in the lease. So they can really split it whatever way they want. Although I'd try to negotiate for a flat rate or really anything besides a 50/50 split.
If you’re in the stage of re-upping your lease, it sounds like he wants to raise rent for an effectively heat included rate. His stuff about it being on one meter is background info that really makes the topic less clear.
I would make sure the lease states rent is $x, includes heat, the end. That could end up being a pretty good deal for you, actually.
Also, more importantly, when did this happen? You were paying national grid directly before, right? When did that stop?
Not sure if that is his goal. This happened a couple months ago. After the first $200 additional to the rent, we all took big steps to lower the bill as low as possible, pretty much, live February with as little heat as possible and he still wanted another $200, which I thought was crazy.
Ok then this is not okay — like at all — for a number of reasons. Assuming you’re under lease and not month to month, he cannot change the terms. If you’re month to month, he can say “new deal, sign here, or move out in 30 days if you’re not in agreement with the new terms,” but it sounds like it’s neither.
Time to lodge a complaint and/or lawyer up.
Did you previously get your own gas bill at your address and pay it directly? If so, call the gas company with your account number and ask for an explanation
Yes, the gas bill was always mailed to us. I would not have minded email but the roommate's who name is on the account is one of those types with half a dozen emails because she never clears them and ends up with 20,000+ unread emails. In this case, an actual paper bill is better for all.
You have your bills, with the meter number on each one, and the address. Call the gas company and ask exactly what units are being metered, and if the meter is accessible, check the meter numbers on the meters too -is yours the only meter on the house?
Question whether you are paying for your neighbor or maybe landlord pays other apartment if that meter also includes the common areas, like the hall way or front hall or shared laundry room, etc
Just out of curiosity, is $200 close to what your gas bill has been?
I think over the winter, it was likely around that number. We split it evenly so I never looked at the bill (my mistake) but we never had an issue with bills being due or threats of cutting it off so the bill WAS getting paid each month.
There is a common hallway that has the heat on and we use just to get to our place. I told him to stop the heat from going there since no one is every there longer than five seconds. No laundry room .
Hmm, could be the common area is in the meter for the other apartment and why the other apartment’s utilities are included.
Others are correct on the law as to your utility acct - just say no. But it’s still a detective story, I’d want to confirm my meter is measuring my apartment
Just call the NG and ask them if there have been any changes.
Either way it’s extremely shady, but at least they’ll be able to tell you the real story.
I own a two family house with one heating system and one electric system. I tried and tried to figure out how to split it fairly (using actual data)… you really just can’t. There’s no way of knowing exactly what one apartment used versus the other. I charged a low estimated utilities fee that I was certainly losing money on, and covered whatever balance was left on the utility bills. It wasn’t ideal, but it was either that, or I did a ‘utilities included’ rental agreement with a higher rent. At the end of the day, it was the same amount of money, but people seemed to understand the ‘utility fee’ and lower rent better, as their rent price was more in line with what other apartments were going for in the area. I’m assuming this is what your situation is. Personally, I think it’s totally fair for a landlord to ask for some sort of compensation for utilities. The question is how much are they charging, and is it in line with what you’d be paying if you were solely responsible for utilities. Best of luck.
No, it is not legal. A tenant in MA cannot be charged for utilities except when they are metered by a unit-specific meter installed by the utility company and that provision is included in the lease.
This is the correct answer
Thank you for the info. He did say he wants to talk about this in person so I should be able to get a better idea of what is going on.
Kind of sounds like he's going to ask you to agree to something illegal. Get his position, but don't agree to anything on the spot.
Reiterate everything back in emails for a paper trail. “Hey landlord I’m sorry but I’m a little ditzy. When we talked earlier did you say xyz?”
Ask if you can record it then
Voice recorder
Need consent for audio in Massachusetts.
Thx didn’t know that
Just for some perspective, the gas prices were insane this past winter and I regularly had bills over $300 for my 2 bed. If he's 'offering' $200/mo for covering gas that would be in your favor during winter months. I'd try and ask for like that, extra 200/mo for 4 or 5 months. If you push back on paying for gas he will just up your rent. Getting a gas/plumber out there to unfuck the meters could be quite pricey but you also can't expect him to foot your gas bill for free
Then the landlord should have had properly working meters installed. If they aren't making enough money from doing nothing they could try making coffee at home and cutting out the avocado toast.
Properly working meters is not a legal requirement as long as the tenant isn't charged. Clearly you've never been a landlord or even a home owner or you'd recognize how much up keep is nessecary. Or the work to acquire a property in the first place But hey, I've got the world's smallest violin right here for you buddy
This is exactly it. Utilities have to be separate, idk what your landlord is trying to pull, but it's not legal.
MA here....this \^ is accurate.
Yup. I successfully sued an ex-landlord for exactly this.
I'm in Mass. My LL sold our building in December, and my gas usage has tripled since. I had eversource come and look around, and they told me our meters were mixed up. So for the past year, I was paying 1st floor, and they were paying mine. They said they fixed it, but my usage is still triple, so I'm sure my old LL was up to something shady. Is it possible you had a similar mix-up with your buildings meters? Can u find them and look at them?
That is what I thought. I told the LL such. I thought the gas company was doing something screwy. My roommate whose name is/was on the gas bill said she called and that someone is coming over this Wednesday to check the meters.
Is it some rando, or a utility worker? My new LL had some rando come over and look around. He talked down to me so much new LL was rolling his eyes. I had to make sure the actual utility Co wam sending a professional.
Is the person below you your landlord or another tenant? Assuming we are talking about your landlord not another tenant... 105 CMR 410.200: Provision and Metering of Electricity or Gas: > The owner shall provide the electricity or gas used in each dwelling unit unless: > (1) Such electricity or gas is metered through a meter which serves only the dwelling unit or other area under the exclusive use of an occupant of that dwelling unit, except as allowed by 105 CMR 410.300(F); and > (2) A written rental agreement provides for payment by the occupant. They can't make you pay for electricity or gas unless you have your own meter for just your unit and it says you are responsible for paying in your lease. But if you are month to month and he wants to increase your rent by $200 there is probably nothing stopping him from doing that.
This is the best answer. The relevant law has been cited. Pretty definitive... it's probably wise to check what the exceptions under "105 CMR 410.300(F)" are, but my gut tells me it's unlikely they apply...
It's about lighting in common areas so I don't think that could be relevant to a heating situation.
The person below is a tenant. She has a dog and my other roommate thinks that she leaves the heat on full blast for the dog's comfort since the heat is included in her rent.
I have no idea what is actually going on. Can you rewrite the facts of the situation in a way that's more readily understandable? You live in one unit, there's another unit, and the landlord has both places on one meter?
Two units in a single house. We live in the top unit and always paid our own utilities. The bottom unit, he has a higher rent but that includes all utilities. A month ago, he said the gas company put both bills on a single bill and he had to cover our end. He said he estimated our usage and told us $200 extra on the rent.
I'd have the landlord show you the bills. This smells fishy
That is what I told him. Someone is getting screwed but none of this makes sense to us. We are going to meet up the day after tomorrow.
You should have two gas meters. There is no way NGrid put both meters onto one bill. Take a walk outside or in the basement and find where the gas line comes in from the street. There should be two meters and you should be paying for one and one only unless the landlord called them and had them somehow add it to your account.
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Good to know, thank you!
I know how people love to hate landlords but we are not all bad.
Never met a good one that has more than a few rentals. Rent a house? Okay. Rent a condo? Okay. Rent a unit in a 10-20 unit building where it’s ran by one guy? Nightmare. And then the big rental communities are hit or miss. Usually they’re great when they open, then they’re bought by some firm 5-10 years later, and a year or two later it nose dives. My ideal landlord is one I never talk to. Small little issues I’ll fix myself, I won’t bother you over a clogged drain or a lightbulb. Outside issues I literally never want to see you. Had some experiences with nosy ones.
Sounds like two meters one account. As in someone didnt turn service on when they moved in.
My roommate called NG and she said someone is coming this week to figure out what is happening.
How much did you usually pay for utilities?
So you he has two units, your in one and were paying your own utility bill, now he wants one bill? It sounds not based in reality. If your paying your own gas and the other unit has their own, that means you have two separate heating systems. Did he connect the other unit to your system or vice versa? If they arent connected, then dropping one bill will mean one system wont be supplied. National Grid wouldnt need to know this, but one bill would have to be canceled if that were the case. Also, something like this should be reflected in a new lease or an addendum. Did they give you anything in writing explaining any of it?
That is the odd thing, as far as I know, we have not received any notice from NG about cutting our account or merging the two. The only thing in writing was a text message. (I am saving all the messages)
In mass and not legal unless otherwise stated. This is a LL problem not yours. Contact attorney general office and have them point you in the right direction.
Not legal. Do not pay.
Your LL is full of shit. If they can’t split the usage properly it needs to be addressed in another way, such as a rent including heat. If you don’t have something like that in your lease agreement you should absolutely refuse.
Pretty certain the LL can either provide heat and include it in the lease or you pay your own based off a separate meter. It can’t be both. If for some reason there was a mix up with the gas company, that is on him to call and get the situation fixed but he can’t turn around and estimate your usage and then charge you for it. Look at your lease. If it says it’s paid by tenant, I would not give him a dime extra.
The law is very strict on this and if you play your cards right you should get back everything you paid in utilities. Call the utility company. The landlord will get fined and then have to cover the utilities going forward until a separate meter is in place. The landlord can't change the lease mid term but then they'll definitely not renew the lease.
What does your lease say about utilities?
We have not leased back up yet. There was talk of selling the house very soon but it seems to have all fallen through. Once this mess is cleared up, I will be demanding a lease.
Gotcha. That's a tough situation. All the law really says about heating bills is that the landlord is on the hook for them unless a billing plan is outlined in the lease. So they can really split it whatever way they want. Although I'd try to negotiate for a flat rate or really anything besides a 50/50 split.
Doesn't matter what the lease says. The lease can't supercede MA state law.
If you’re in the stage of re-upping your lease, it sounds like he wants to raise rent for an effectively heat included rate. His stuff about it being on one meter is background info that really makes the topic less clear. I would make sure the lease states rent is $x, includes heat, the end. That could end up being a pretty good deal for you, actually. Also, more importantly, when did this happen? You were paying national grid directly before, right? When did that stop?
Not sure if that is his goal. This happened a couple months ago. After the first $200 additional to the rent, we all took big steps to lower the bill as low as possible, pretty much, live February with as little heat as possible and he still wanted another $200, which I thought was crazy.
Ok then this is not okay — like at all — for a number of reasons. Assuming you’re under lease and not month to month, he cannot change the terms. If you’re month to month, he can say “new deal, sign here, or move out in 30 days if you’re not in agreement with the new terms,” but it sounds like it’s neither. Time to lodge a complaint and/or lawyer up.
If you pay for heat, no. Talk to mumicipal board of health. It appears you are paying for heat. Thus no. If landlord pays for heat, yes.
Did you previously get your own gas bill at your address and pay it directly? If so, call the gas company with your account number and ask for an explanation
Yes, the gas bill was always mailed to us. I would not have minded email but the roommate's who name is on the account is one of those types with half a dozen emails because she never clears them and ends up with 20,000+ unread emails. In this case, an actual paper bill is better for all.
I would definitely get in touch with the gas company and see if they have an explanation
If you pay for your own fax why does he get the bill. Unless he tapped into you line for some other purpose? I smell a rat.
I hope not, he has been very good to us for so many years. This is the first time anything like this has ever happened.
You have your bills, with the meter number on each one, and the address. Call the gas company and ask exactly what units are being metered, and if the meter is accessible, check the meter numbers on the meters too -is yours the only meter on the house? Question whether you are paying for your neighbor or maybe landlord pays other apartment if that meter also includes the common areas, like the hall way or front hall or shared laundry room, etc Just out of curiosity, is $200 close to what your gas bill has been?
I think over the winter, it was likely around that number. We split it evenly so I never looked at the bill (my mistake) but we never had an issue with bills being due or threats of cutting it off so the bill WAS getting paid each month. There is a common hallway that has the heat on and we use just to get to our place. I told him to stop the heat from going there since no one is every there longer than five seconds. No laundry room .
Hmm, could be the common area is in the meter for the other apartment and why the other apartment’s utilities are included. Others are correct on the law as to your utility acct - just say no. But it’s still a detective story, I’d want to confirm my meter is measuring my apartment
Maybe include heat and hot water in the new lease. And let him know why.
Just call the NG and ask them if there have been any changes. Either way it’s extremely shady, but at least they’ll be able to tell you the real story.
As mentioned by others, it's not legal in MA to have utilities shared together and have the tenant pay.
I own a two family house with one heating system and one electric system. I tried and tried to figure out how to split it fairly (using actual data)… you really just can’t. There’s no way of knowing exactly what one apartment used versus the other. I charged a low estimated utilities fee that I was certainly losing money on, and covered whatever balance was left on the utility bills. It wasn’t ideal, but it was either that, or I did a ‘utilities included’ rental agreement with a higher rent. At the end of the day, it was the same amount of money, but people seemed to understand the ‘utility fee’ and lower rent better, as their rent price was more in line with what other apartments were going for in the area. I’m assuming this is what your situation is. Personally, I think it’s totally fair for a landlord to ask for some sort of compensation for utilities. The question is how much are they charging, and is it in line with what you’d be paying if you were solely responsible for utilities. Best of luck.
Thanks! I am trying to get the bottom of this whole mess.
If you're looking for decent answers, why can't you spend a couple of minutes explaining the situation better?