Legal Question in Landlord & Tenant Law in Massachusetts

I rent out a single family home and in the lease it states that the tenant is responsible for all utilities.

My tenant refuses to pay the water bills since he is under the belief that as a renter he by law does not have to. It is my understanding that since it is a single family home with its own meter, that he is responsible.

So my question is, by law who has is responsible for the water bill?

Also, if he is responsible, is it okay to deduct all the past bills I have paid, from his security deposit?

Thank You,

Jennifer


Asked on 1/08/10, 1:54 pm

2 Answers from Attorneys
Christopher Nicolopoulos

A landlord may impose a charge for water use on the tenant of a dwelling unit that is connected directly to a meter installed by a water company; provided that the meter measures only water that is supplied for the exclusive use of the dwelling unit and only to an area within the exclusive possession and control of the tenant of such dwelling unit and does not measure water usage for any portion of any common area or by any other party or dwelling unit.

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Answered on 1/13/10, 2:10 pm
Alan Pransky Law Office of Alan J. Pransky

While most utilities can be billed to the tenant if a written lease requires this and they are seperately metered, more is required for water and sewer. The landlord must install water saving fixtures for the rental property and have a plumber certify this in writing. The certification must be filed with the local board of heatlh. If all of these requirements are not met, the landlord must pay the water and sewer bills.

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Answered on 1/13/10, 2:14 pm


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