Legal Question in Real Estate Law in Massachusetts

Who pays for heat and electricity in common areas?

Can someone please inform me on who (landlord or tenant) pays for heat and electricity in common areas. i recently learned that i have been paying for the heat in the common hallway of a building with 6 apartments. The heating system is on the first floor along with my apartment and one other. That system heats the entire hall up two more flights. Should i be paying for this? Why me and no one else?


Asked on 4/19/00, 4:37 pm

3 Answers from Attorneys

Michael Baldassarre Law Office of Michael J. Baldassarre

Re: Who pays for heat and electricity in common areas?

It shoulds like your landlord is wrongfully charging you for

utilities. Unless the utilities are separately metered, the Landlord is responsible for

payment of the utilities. If you would like to pursue this matter,

your landlord may be liable for payment of these past utilities plus interest

and possible double or triple damages, costs and attorney fees under the comsumer protection

statute M.G.L. c. 93A. If you would like to discuss this matter further my number is 978 465-5158 . I offer a free consultation.

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Answered on 4/29/00, 10:59 am

Re: Who pays for heat and electricity in common areas?

Landlord pays, in the situation as you described it. Furthermore, the landlord can be made to pay YOUR past bills, which really can add up, for failure to keep the common area separately metered. Isn't that nice? Then you can possible double or triple that figure, and more definitely add a reasonable attorney's fees ... !!! (By the way, I'm a reasonable attorney -- I work in the 617 area code, though I sometimes travel to 781 and 508 area codes!)

Give me a call if you're at all near Newton!

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Answered on 4/29/00, 2:31 pm

Re: Who pays for heat and electricity in common areas?

How long have you been there? How much have your bills totalled for that period? When did you learn you were heating the common area? How many radiators or vents are a) in your apt., b) the other apt., c) the hallway?

Did the other apartment tenants pay you for their "half" of the heat? Did they pay their money directly to the utility company?

I suggest you don't yet mention this to your neighbor, for strategic purposes, or to the landlord, until you've got a lawyer.

My number is (617)527-0050, and my e-mail [email protected] -- I assume you're in Massachusetts.

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Answered on 4/29/00, 4:19 pm


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