RUBS Utility Billing: What Delaware Renters Need to Know

Many renters in Delaware pay for utilities, but sometimes those charges don’t reflect the actual usage of your apartment. Instead, you might see a breakdown using a method called RUBS. This article explains what RUBS utility billing means, how it’s regulated in Delaware, and what you can do if you have related concerns as a renter.

What Is RUBS Utility Billing?

RUBS stands for Ratio Utility Billing System. Instead of billing each apartment for the utilities they actually use, RUBS divides the total utility costs for the building among residents. The division is based on formulas such as apartment size, number of residents, or number of bedrooms:

• RUBS is common in buildings that do not have separate utility meters for each unit.
• It may cover water, sewer, trash, or sometimes other utilities.
• Landlords must disclose the use of RUBS in your lease agreement.

Are There Rules for RUBS Utility Billing in Delaware?

Delaware law allows landlords and tenants to agree on how utilities are billed, including RUBS, as long as the arrangement is clearly explained in your lease. The Delaware Residential Landlord-Tenant Code defines the legal framework for utility billing and tenant rights.^[1]

• The landlord must state in your lease how utility charges are calculated.
• Landlords cannot charge more than the actual cost billed by the utility provider.
• If you’re unclear on your charges, request a written explanation from your landlord.

If you believe your rental agreement isn’t following the law, you have the right to ask for clarification or file a complaint.

Example: Lease Clauses and Utility Billing

Your lease should detail whether utilities are included, separately metered, or divided by RUBS. For instance:

• "Tenant agrees to pay a share of the water and sewer charges calculated by the Ratio Utility Billing System based on unit size."

Your Rights: Understanding Utility Charges

The Delaware Department of Justice – Consumer Protection Unit helps enforce these laws. You have these key rights regarding utility billing:

• To receive a clear breakdown of any utility charges billed via RUBS
• To dispute charges you believe are incorrect
• To file a formal complaint if your landlord does not comply with Delaware law

How to Dispute a RUBS Utility Bill

If you feel your utility charges are unfair or not properly explained, follow these steps:

• Request an itemized billing statement from your landlord in writing.
• If possible, use the official form: Landlord-Tenant Complaint Form (no specific number), available from the Delaware Attorney General's office. Download and submit the form here.
• Send copies of your bill and lease along with your complaint.

For complaints, the Delaware Department of Justice’s Consumer Protection Unit will review your form and may contact both parties to investigate the billing issue.

Who Handles Tenant Complaints in Delaware?

If your landlord does not resolve utility bill concerns, you may seek help from:

• Delaware Department of Justice – Consumer Protection Unit. This is the primary agency handling landlord-tenant disputes in Delaware.
• Disputes may be brought to the Justice of the Peace Court, which is Delaware’s official tribunal for residential tenancy matters.

Relevant Forms for Delaware Renters

• Landlord-Tenant Complaint Form (no number):
  When to use: File this form with the Delaware Attorney General’s office if you believe your landlord is overcharging or not following the legal requirements for RUBS utility billing.
  How to use: Print, fill out, and mail, fax, or email the form, along with supporting documents such as a copy of your lease and utility bill.
  Access the official form here.

For formal disputes about your tenancy or unresolved utility billing problems, you may need to apply to the Justice of the Peace Court.

FAQ: RUBS Utility Billing in Delaware

1. Can my landlord charge me a flat fee for utilities instead of using RUBS?
   Yes, but this must be clearly detailed in your lease. Any utility billing method must comply with Delaware’s Residential Landlord-Tenant Code.
2. How can I check if my utility bill was calculated fairly under RUBS?
   You have the right to request a written breakdown of charges and the method used to divide costs. Review your lease and ask your landlord for an itemized statement.
3. What do I do if my landlord will not give me details about my utility charges?
   You may file a complaint using the Landlord-Tenant Complaint Form and contact the Delaware Department of Justice for assistance.
4. Is it legal for landlords to profit from RUBS utility billing?
   No, landlords can only bill you for the true amount charged by the utility provider for the entire property.
5. Where can I file a formal dispute if my complaint isn’t resolved?
   You can apply to the Justice of the Peace Court, Delaware’s tribunal for residential tenancy disputes.

Key Takeaways for Delaware Renters

• RUBS utility billing is allowed if clearly disclosed in your lease and follows Delaware law.
• Always request clear documentation on how your utility share is calculated.
• Use official forms and resources to dispute unfair charges or unresolved issues.

Remember: Good communication and understanding your legal rights will help you resolve most utility billing questions.

Need Help? Resources for Renters

• Delaware Department of Justice – Landlord-Tenant Code (complaints, information, complaint form)
• Justice of the Peace Court (resolving landlord-tenant disputes)
• Delaware Residential Landlord-Tenant Code (full legislation text)
• Landlord-Tenant Complaint Form (PDF, official)

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1. Delaware Residential Landlord-Tenant Code
2. Justice of the Peace Court
3. Delaware Department of Justice – Consumer Protection Unit

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