Legal Question in Landlord & Tenant Law in Massachusetts

cross metering

In 1994, we moved into a duplex house with our landlords daughter as our neighbor. 12 years later we found out we have been paying for the electricity for 2 families of 5 each for well water. Landlords electrician stated ''yes, its on my meter'' --- had our own electrician come out and ''stated the same -- it is on our meter. '' When mentioned to landlord, he stated ''not that much money'' and had the BOH come out and made the landlord add a separate meter. Does the landlord owe any reimbursement for cross metering. We had to use fuel assistance which affects our credit rating.


Asked on 12/27/08, 9:26 pm

3 Answers from Attorneys
Alan Fanger Alan S. Fanger, Esq.

Re: cross metering

In a word, yes. It is unlawful for a landlord to have metering set up such that a tenant ends up paying utilities for other tenants. Since the unlawful act was of a continuing nature, you should be able to go back all 12 years and "recapture" the excess payments. The greatest obstacle to full recovery may be finding the utility's records from that far back. I would be happy to discuss the issue with you in further detail.

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Answered on 12/27/08, 10:50 pm
Joseph Murray Joseph M. Murray, Esq.

Re: cross metering

Yes you are entitled to be reimbursed for all twelve years as it is illegal for landlord to rent without separate meters. If he refuses retain an attorney. Good Luck and Happy New Year.

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Answered on 12/28/08, 12:55 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: cross metering

Attorney Fanger is correct, and it certainly is illegal for the landlord to have a single meter for the entire building. Making matters worse, the landlord's daughter was deriving a direct benefit from the arrangement.

Although you certainly have a case for 12 years of wrongful payments, your case becomes even stronger if you have any evidence that the landlord knew of the situation or should have known of the situation and did nothing.

Please do not hesitate to contact my office should you have any questions, or if you would like to schedule a consultation.

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Answered on 12/28/08, 12:56 pm


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