Starting Tenancy

What Can You Do in the Case of Shared Utility Meters?

Disclose the shared meter before the lease starts, then put the account in your name or sign a written payment agreement. Separate meters or submeters fix it for good.

On this page
  1. What counts as a shared meter?
  2. What do state laws require?
  3. How do you fix a shared meter?
  4. What should a written cost-allocation agreement say?

When one gas, electric, or water meter serves a tenant's unit and also another unit or a common area, tell the tenant in writing before the tenancy starts, then either put that meter's account in your own name or sign a written agreement that says exactly what the tenant pays for. California and Oregon require the disclosure by statute, and New York and Massachusetts generally make the owner pay for a shared gas or electric meter. The lasting fix is to move common-area service to a meter in your name or give each unit its own meter.

What counts as a shared meter?

A meter is shared when it measures use outside the tenant's unit. Common examples are hallway or exterior lights, a laundry room, a basement, a boiler or water heater that serves more than one unit, or a second unit wired to the same panel. The tenant who holds the account pays for that outside use unless you fix it.

Signs to check before you rent a unit: common lights or equipment on the unit's breaker panel, one water heater for two units, or a unit bill that is much higher than similar units. A licensed electrician can trace which circuits run through each meter. In New York, the utility investigates a suspected shared meter when the customer of record asks.

What do state laws require?

State Rule If you do not comply
California (Civ. Code section 1940.9) For gas and electric: disclose a shared meter before the tenancy begins, or when you discover it. Then sign a mutual written agreement for the tenant to pay for the outside service, or make another written arrangement, such as becoming the utility's customer of record for that meter or installing a separate meter for the outside area The tenant can sue. A court can order you to become the customer of record and repay the tenant's charges for the outside areas back to when the disclosure duty arose
Oregon (ORS 90.315) Any utility the tenant pays directly that serves areas outside the unit must be disclosed in writing at or before the start of the tenancy For a knowing failure to disclose, the tenant can recover twice actual damages or one month's rent, whichever is greater
New York (Public Service Law section 52) For gas, electric, and steam: the owner must remove the shared meter or open an account in the owner's name for all future service measured by the shared meter, including the tenant's own use, plus applicable past shared-area charges. The tenant cannot waive this After the utility's final finding, the owner has 120 days to correct it before the utility opens an account in the owner's name. The owner can owe shared-area charges going back as far as 6 years, but not before the tenancy began or the owner took title. If shared use exceeds the Public Service Commission's minimal-use threshold, discovery through a tenant complaint or a utility investigation not requested by the owner also triggers an assessment equal to an estimated 12 months of the entire meter's bills. Correcting the condition within 120 days does not itself cancel that assessment
Massachusetts (105 CMR 410.200) The owner supplies and pays for electricity and gas unless the meter serves only that unit and a written rental agreement makes the tenant pay A State Sanitary Code violation, which the local board of health enforces
Illinois (765 ILCS 740/5) If you bill tenants for a master-metered utility, give a written allocation formula before you demand payment, collect no more than the utility bills, and provide the bill on request You may not demand payment from the tenant until these terms are met

If your state is not listed, check your state landlord-tenant code and your utility's rules before the lease is signed. California lease disclosures lists the shared-meter notice alongside the state's other required disclosures, and Massachusetts lease disclosures covers the other notices a Massachusetts lease needs.

How do you fix a shared meter?

  1. Put the shared meter in your name. Open the account for that meter yourself and include the utility in the rent. This works in every state above and needs no allocation formula.
  2. Move the common-area load to a house meter. Have a licensed electrician move hallway lights, laundry, and other common circuits to a separate meter in your name, with a permit if your city requires one. The tenant's meter then measures only the unit.
  3. Give each unit its own meter. Ask the utility what it takes to set a separate meter for each unit. Where state law and utility rules allow, each tenant can then open an account and pay only for the unit. For Massachusetts water service, you remain the water company's customer and responsible for its bills even with a separate utility-installed meter. Charging tenants still requires an eligible tenancy, low-flow fixtures, a signed written rental agreement, and local certification under chapter 186, section 22.
  4. Install submeters and bill tenants. A submeter is a meter you own that measures each unit's share of a master account in your name. Several states regulate this. Oregon requires the lease to allow the charge and explain how it is split, a bill within 30 days of the provider's bill, and no charge beyond the cost billed to you. California water submeter billing is limited to usage, a share of fixed fees, a billing fee capped at $4.75 (adjusted each year for inflation) or 25% of the usage charge, whichever is less, and allowed late fees. Massachusetts allows separate water charges only with submeters installed by a licensed plumber, low-flow fixtures, a lease disclosure, and certification to the local board of health. The unit must first qualify at the start of a new tenancy: either its first occupancy or after the previous tenant leaves voluntarily or is evicted for nonpayment of rent or a lease violation. Installing equipment and obtaining an agreement do not let you newly impose these charges on an existing tenant.
  5. Sign a written payment agreement. In California, you can keep the tenant on the shared meter if you disclose it and both sign an agreement on who pays for the outside service. New York and Massachusetts do not allow this route for most shared gas and electric meters.

Rewiring or meter work has to meet local electrical code, part of the general repair duties covered in how much maintenance and repair is required by law.

What should a written cost-allocation agreement say?

Where an agreement is allowed, write it as a lease addendum signed before move-in, and include:

  • The utility, the account holder, and the meter number.
  • Every area outside the unit the meter serves (for example, "hallway lights on floors 1 and 2 and the shared laundry room").
  • The method for splitting the cost: submeter readings, a fixed percentage, or a monthly credit.
  • When you will share copies of the bills, and how either side can ask for a recount if use changes.
  • How the tenant is repaid: a rent credit or a reimbursement on a set day each month.

A worked example: an electrician estimates the hallway lights and laundry account for 20% of what the tenant's meter records. The agreement sets a monthly rent credit equal to 20% of that month's bill, so a $140 bill earns a $28 credit ($140 x 0.20 = $28) and a $200 winter bill earns $40. Either side can ask for a new estimate once a year.

Utility setup is one of the steps in how to help your tenant get set up, which covers the full move-in sequence.

Sources

  1. Cal. Civil Code section 1940.9, Shared gas and electric meters (Public.Law (text of the California Codes))
  2. Or. Rev. Stat. section 90.315, Utility or service payments (Public.Law (text of the Oregon Revised Statutes))
  3. N.Y. Public Service Law section 52, Service to tenants through shared meters (New York State Senate)
  4. Shared Meters (New York shared meter law process) (National Grid)
  5. 105 CMR 410.200, Provision and metering of electricity or gas (Legal Information Institute, Cornell Law School)
  6. Mass. General Laws chapter 186, section 22, Water submetering (The General Court of the Commonwealth of Massachusetts)
  7. 765 ILCS 740/5, Tenant Utility Payment Disclosure Act (FindLaw (text of the Illinois Compiled Statutes))
  8. Cal. Civil Code section 1954.205, Water submeter billing charges (FindLaw (text of the California Codes))

Legal Disclaimer: Tellus provides this content for informational purposes only. This is not legal advice. Laws vary by state and locality, and regulations may have changed since this article was published. Consult a qualified attorney for guidance specific to your situation.

Rules in your state

State law sets many of the limits and deadlines described above. These pages cite the statute for each state.

StateGuides
CaliforniaCalifornia Security Deposit Laws for Landlords, California Rent Increase Rules for Landlords, California Lease Agreements for Landlords
New YorkNew York Rent Increase Rules for Landlords, New York Landlord Maintenance and Repair Obligations, New York Lease Agreements for Landlords
TexasTexas Security Deposit Laws for Landlords, Texas Landlord Maintenance and Repair Obligations, Texas Lease Agreements for Landlords, Texas Eviction Process for Landlords, Texas Landlord Entry Rules and Tenant Privacy
FloridaFlorida Security Deposit Laws for Landlords, Florida Landlord Maintenance and Repair Obligations, Florida Lease Agreements for Landlords, Florida Eviction Process for Landlords
New JerseyNew Jersey Rent Increase Rules for Landlords, New Jersey Landlord Maintenance and Repair Obligations, New Jersey Eviction Process for Landlords, New Jersey Landlord Entry Rules and Tenant Privacy
IllinoisIllinois Security Deposit Laws for Landlords, Illinois Rent Increase Rules for Landlords, Illinois Eviction Process for Landlords, Illinois Landlord Entry Rules, Including Chicago and Cook County
MassachusettsMassachusetts Security Deposit Laws for Landlords, Massachusetts Lease Agreements for Landlords, Massachusetts Landlord Entry Rules and Tenant Privacy
PennsylvaniaPennsylvania Lease Agreements for Landlords, Pennsylvania Eviction Process for Landlords, Pennsylvania Landlord Entry Rules and Tenant Privacy
WashingtonWashington Security Deposit Laws for Landlords, Washington Rent Increase Rules for Landlords, Washington Landlord Maintenance and Repair Obligations, Washington Eviction Process for Landlords
MarylandMaryland Security Deposit Laws for Landlords, Maryland Rent Increase Rules for Landlords, Maryland Landlord Maintenance and Repair Obligations

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