Who Pays What: Understanding Utilities in Your Lease
Your lease should list each utility you pay and how it is billed. Charge limits vary by state and billing setup; landlords cannot cut service to force you out.
Your lease should say which utilities you pay, whether you pay the utility company directly or pay the landlord, and how any shared bill is divided; if it does not, get those terms in writing before you sign. When a landlord bills you for utilities, charge limits depend on state law and the billing arrangement; California regulates submetered gas and electricity, and Texas regulates water submetering and ratio utility billing (RUBS), a method that splits a building's bill by formula. Whoever pays, a landlord cannot cut off your utilities to force you out: California, Florida, New York, and Texas all bar it and let you recover money.
How to tell which utilities you pay
Find the utilities clause or utility addendum, and match each service to a payer. California's Department of Real Estate (DRE) lists who pays for internet, gas, electric, water, and trash collection as a term your rental agreement should cover, and suggests asking what the previous tenant paid so you can budget rent and utilities together. For each utility, find which of these setups applies:
| Setup | How it works | What to ask before signing |
|---|---|---|
| Included in rent | The landlord pays the utility, and the cost is part of your rent | Whether the lease caps your use or adds charges above a limit |
| Your own account | Your unit has its own meter, and you open an account with the utility | When service must be in your name and what recent bills averaged |
| Submetered | The landlord's meter measures your unit's use, and the landlord bills you | The rate charged, any service or billing fee, and when meters are read |
| RUBS (allocated) | No meter for your unit; the building's bill is split by a formula | The formula, any common-area deduction, and the average monthly bill |
Some states add rules at this stage:
- New York: before signing a lease that makes you pay your own heating or cooling bills, you can get a complete set or summary of the past two years' bills free by asking in writing.
- Texas: a lease that splits a water bill by formula must describe how the split is calculated and state the average monthly bill for all units over the previous calendar year.
- California: since January 1, 2026, a landlord must let a month-to-month tenant opt out of paying for a third-party internet subscription, such as a bulk-billing plan. If the landlord does not, you can deduct the subscription's cost from your rent (Civil Code section 1942.8).
If you are setting up accounts, see our guide to transferring utilities when you move, and if you share the unit, see whose name utilities should be in with roommates.
How submetering and RUBS work
With submetering, a meter the owner installs measures your unit's use, and you pay for what the meter records. With RUBS, nothing measures your unit, so the building's bill is divided by occupants, square footage, or a mix. Rules for each:
- California gas and electric submeters: a landlord that resells gas or electricity through a master meter (one meter for the whole property) must charge you the same rate the utility would charge you directly, and give you an itemized bill showing opening and closing meter readings (Public Utilities Code section 739.5).
- California generally: when a landlord divides utility costs among units, the DRE says the landlord cannot charge more than the actual cost, and you can ask how the charges are divided; a landlord that bills water through a submeter must also make specific billing disclosures. Because the state utilities commission does not regulate most landlord billing arrangements, the DRE advises putting every part of the arrangement in writing.
- Texas water submeters: the owner can bill only the utility's cost for your water use plus taxes and surcharges, a service charge of up to 9% (not allowed in low-income housing tax credit units or for tenants with Section 8 vouchers), and a late fee of up to 5% of a bill paid late, and must let you inspect its submetering records.
- Texas water RUBS: the owner cannot charge more than the utility actually billed, must keep the bills and its allocation records open for tenants to inspect, and must first remove common-area use. If common areas served through the master meter are not separately metered or submetered and there is an installed irrigation (sprinkler) system, the owner must deduct at least 25% of the bill; with other unmetered common areas and no irrigation system, at least 5%.
Worked example (Texas RUBS). A 150-unit complex gets an $8,000 water and sewer bill with no per-unit base charge, and its common areas, including sprinklers, share the master meter without separate meters or submeters. The owner deducts the minimum 25%, or $2,000, leaving $6,000 to split. If 300 people live in the complex and 2 live in your unit, your share by occupants is $6,000 x 2 / 300 = $40.
In Texas, you can complain to the Public Utility Commission about a water bill from your landlord, and if the commission finds an overcharge, it orders the owner to repay you.
Shared meters
A shared meter is one that measures service to your unit plus an area outside it, such as a hallway, a laundry room, or another apartment. Two states spell out what happens:
- California: under Civil Code section 1940.9, the landlord must tell you about a shared gas or electric meter before you sign or as soon as it finds out, and then either agree with you in writing that you will pay for the outside service or make another written arrangement, such as putting the meter in its own name. If it does not, you can sue for an order putting the account in the landlord's name and repaying what you paid for service outside your unit.
- New York: under Public Service Law section 52, you can complain to your utility, which must investigate and issue a written decision within 30 business days. If it confirms a shared meter, the owner has to fix it or take the shared charges into its own name, the utility refunds or cancels the shared charges on your bills, and the owner cannot pass them back to you.
A clause that makes you pay for common-area utilities is one of several terms worth questioning before you sign; see lease clauses to watch out for.
Why your landlord cannot shut off utilities to force you out
Cutting off water, power, gas, or heat to make you leave is a form of self-help eviction, and state laws make the landlord pay for it:
| State | Rule | What the landlord can owe you |
|---|---|---|
| California (Civil Code section 789.3) | No willful interruption of any utility service to end your tenancy, whether or not the landlord controls it | Actual damages plus up to $100 a day, at least $250 per violation, and attorney's fees if you win |
| Florida (Statutes section 83.67) | No termination or interruption of utility service, whether or not the landlord pays for it | Your actual losses, including costs that result from the shutoff, or 3 months' rent, whichever is greater, plus costs and attorney's fees |
| Texas (Property Code section 92.008) | No interruption except for good-faith repairs, construction, or an emergency | Your actual damages, one month's rent plus $1,000, attorney's fees, and court costs, minus rent you owe; you can also regain possession or end the lease |
| New York | No willful cutoff of essential services such as water or heat to force you out | Triple damages if you are unlawfully evicted, plus civil and criminal penalties for the landlord |
Texas has one exception: a landlord that submeters or allocates electricity can disconnect it for an unpaid electric bill, but only if your written lease allows it, the bill is still unpaid on the 12th day after it was issued, and the landlord delivers a written termination notice after the bill is past due and at least five days before the interruption date stated in the notice. It cannot disconnect you for unpaid rent, or during freezing weather or a heat advisory. The exception covers electricity only.
If the landlord stops paying a bill it owes. In New York, the utility must give tenants of a multiple dwelling (a building with three or more apartments) advance written notice before cutting service for the landlord's unpaid bills, and service continues if tenants pay the landlord's current bill directly, which they can deduct from future rent. In Texas, if your lease makes the landlord responsible for water, gas, or electricity and the utility cuts service or sends a cutoff notice because the landlord did not pay, you can pay the utility and deduct it from rent by giving the landlord the receipt, or end the lease in writing and move out within 30 days of that notice. In California, the DRE says that when a city-owned utility serves your unit under the landlord's name, you may be able to become the customer of record to keep service on.
For the rest of your lease, see understanding your lease terms.
Sources
- California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities (2026), utilities and shared meters (California Department of Real Estate)
- California Civil Code section 1942.8 (opting out of bulk-billed internet service) (California.Public.Law (text of the California Civil Code))
- California Public Utilities Code section 739.5 (submetered gas and electric service) (California.Public.Law (text of the California Public Utilities Code))
- California Civil Code section 789.3 (utility interruption to force a tenant out) (California.Public.Law (text of the California Civil Code))
- Texas Water Code sections 13.503, 13.5031, and 13.505 (submetering, allocated billing, and refunds of overcharges) (Texas Legislative Council (Texas Constitution and Statutes))
- 16 Tex. Admin. Code section 24.281, Charges and calculations (water submetering and allocation) (Legal Information Institute, Cornell Law School)
- Texas Property Code sections 92.008 (interruption of utilities) and 92.301 (landlord liability for utility cutoff) (Texas Legislative Council (Texas Constitution and Statutes))
- New York Public Service Law section 52, Shared meters (New York State Senate)
- Residential Tenants' Rights Guide (truth in heating, continuation of utility service, protections during eviction) (New York State Office of the Attorney General)
- Florida Statutes section 83.67, Prohibited practices (2026) (The Florida Senate)
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.
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