Legal Question in Business Law in California

I rent an apartment in an apartment building and have my own personal account with the electric company.The electric company, PG&E, sent each account holder a letter and requested that we make an appointment to have a, "Smart Meter". installed. I did this, but the PG&E technician was refused access to my meter by the Property Manager so the installation couldn't be done.Can a landlord or property manager Opt-Out of the Smart Meter program without my consent? PG&E says that I will be charged the Opt-Out fees if the meter can't be accessed and changed. What are my legal rights in this case?


Asked on 2/17/12, 3:38 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

GOOD question! I don't know the answer, and if any other LawGuru attorney does, I'll either acknowledge his/her brilliance or argue the side she/he didn't take. A property owner generally has control over repairs, additions, modifications, etc. to the basic structure, and if the meter were not a plug-in device, I'd go with the landlord, but on the other hand, the meter is basically interchangeable with other kinds of meters and its choice affects a tenant's expenses. Hmmm, maybe I'm thinking this might be a tenant rather than a landlord decision.

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Answered on 2/17/12, 5:43 pm
Anthony Roach Law Office of Anthony A. Roach

It is a good question, and it is a new one.

If you had a shared meter, then it would seem that the landlord would have a say in the matter. But if the lease makes you responsible for utilities, it seems that it is your choice, since you are PG&E's customer. My understanding is that recent legislation, or proposed legislation, uses the term customer, and not "owner."

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Answered on 2/21/12, 10:25 am


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