Legal Question in Landlord & Tenant Law in Massachusetts

I just recently realized that I am paying for not only my electric in my apartment but for the common electric in the hallway, basement and outside electricity. the 3 floors have separate boxes but mine is the only one that has the common electric added to it. is that legal? should i be paying for it or my landlord?


Asked on 3/05/14, 1:20 pm

2 Answers from Attorneys

No it is not legal. Common Area lighting is supposed to be paid by the landlord.

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Answered on 3/05/14, 2:31 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Thank you for your question.

This situation is fairly common and it is not at all legal. Sometimes it is not patently obvious and the landlord simply does not know, and other times it is entirely obvious and a landlord is simply happy to let the situation continue. For example, as a general rule of thumb, you should see a separate electrical meter for each unit and an additional one for common. A three-unit building should have 4 meters, etc.

You should have an inspector come in to document the issue. You should then ask your landlord to reimburse you for the cost of your electricity, and suggest that any such figure be deducted from future rent payments. I took one particular case to trial on behalf of a tenant where the landlord could not state which portion of the bill was her responsibility, and so she was responsible for all of it. Whatever you do, get it all in writing. You can also get a lawyer if the numbers justify it.

Good luck.

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Answered on 3/05/14, 3:38 pm


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