Legal Question in Real Estate Law in Massachusetts

Odd payment method for Utilities

My question concerns the legality of the following situation. I am renting a room/apartment and My lease recently expired. In the new lease I believe Utilities are now no longer included in the rent but we must pay him $30 per month for utilities since the apartments are not separatly metered and we must pay him a $300 utilities fund when we sign the lease. Can he do this?

Can you please provide a refrence or something so that I may tell him it is illegal.


Asked on 9/05/01, 1:41 pm

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: Odd payment method for Utilities

The landlord can only charge for utilities if the apartments are seperately metered and the tenant agrees in writing to pay for utilities. Each tenant can only be charged for his/her use. The regulations can be found at 105 CMR 410.354. A good source for information is the state of massachusetts website. The address is www.state.ma.us/consumer/. There is a link for tenant/landlord issues.

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Answered on 10/25/01, 10:53 am


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