Legal Question in Landlord & Tenant Law in Massachusetts

Re: heat bill

You will need to look at your lease. The landlord can have you pay for heat in your apartment only if that was stated in the lease. If there is no lease then it becomes a "he said/she said" thing. If you are paying for heat in the common areas of another apt then the landlord is violating the law, and may have to pay you triple damages. Check to see if you have a separate meter or bill for your unit. The gas company can give you that information.

If you have any questions please contact me directly.

Nicole

Re: heat bill

Your tenancy agreement controls. If it is a lease (i.e., one year, your landlord is stuck. His claim is against the real estate agent for the extra cost. If your agreement is a tenancy at will (written or oral), your landlord can terminate the tenancy with a written notice, then offer a new agreement with different terms (i.e., more for heat, or separate heat if the heating system is solely connected to your apartment).

The "he said/she said" comment by another attorney is partly accurate. The question depends on many factors -- could you have known that there was a separate gas meter? Are you an "experienced tenant" or is this your first apartment? What did the real estate listing say?

Best of luck.