Who Pays Utilities in Massachusetts Rentals? Laws & Your Rights

Understanding who is responsible for utility bills—like electricity, heat, water, gas—in your Massachusetts rental is crucial. This guide explains your rights and obligations as a renter, covering state laws, official forms, and practical steps to handle utility-related disputes.

How Are Utility Responsibilities Decided in Massachusetts?

In Massachusetts, whether the tenant or landlord pays for utilities usually depends on the rental agreement. However, state laws set specific protections for renters, especially around essential services like heat and water.

• Written Lease: Most leases specify who pays each utility. Always check your lease for details.
• No Written Lease: If no lease exists, state law may decide—especially for heat, water, and hot water.

Some utilities—like trash pickup or sewer—may always be a landlord's responsibility, so clarify if these are listed in your agreement.

Heat, Water, and Hot Water Requirements

Massachusetts law requires landlords to provide functioning heat, water, and hot water at minimum standards—no matter what's written in the lease. The landlord can only make tenants pay for heat or hot water if there are separate meters and written agreement in the lease. For water and sewer, a detailed written rental agreement and special notice are needed, and tenants must agree in writing to pay these charges.^[1]

Separate Meters and Submetering

• If your apartment has individual meters and your lease clearly states you pay (for heat/electricity/gas), you’re responsible for those bills.
• Landlords cannot bill you for utilities serving other apartments or common areas.

When Can a Landlord Charge for Water and Sewer?

To make tenants pay water/sewer, the landlord must:

• Install a separate water meter and a low-flow device.
• Provide an official written notice (usually attached to the lease) before charging.
• Use the Tenant Water and Sewer Bill Rights Form (see below for details).

Tip: If you’re unsure about utility billing, ask your landlord for copies of recent bills, or contact the utility company directly to clarify which services are billed in your name.

Official Forms for Massachusetts Renters

• Tenant Water and Sewer Bill Rights Form (Official PDF)
  This form outlines your rights and must be given to you if your landlord wants to shift water/sewer payment to you. For example, if you move into an apartment with a new water meter and your lease says you must pay for water, you should receive this form to acknowledge your rights and protections.
• Rental Complaint Form (file online or in-person)
  Use this form if your landlord does not provide legally required utilities, like heat during winter, or tries to illegally pass on utility bills without following state requirements.

What To Do If Utilities Are Shut Off or Not Provided

• Contact your landlord immediately, in writing, to notify them of the problem.
• If the issue isn’t resolved—especially for heat, water, or electricity—contact your local Board of Health for inspection or help.
• You can also file a complaint with the Massachusetts Housing Court or your municipal code enforcement office.

Understanding Your Rights: Massachusetts Tenant Laws

The governing law is the Massachusetts General Laws Chapter 186, which covers rental agreements. Health, heat, and water standards are detailed in State Sanitary Code (105 CMR 410).^[3]

For unresolved disputes, renters may bring cases to the Massachusetts Housing Court, the official tribunal handling residential tenancies in the state.

FAQ: Massachusetts Utility Payments for Renters

1. Can my landlord force me to pay for utilities not listed in my lease?
   No. If your lease does not specify you must pay a utility, your landlord generally cannot require you to pay it. For regulated utilities (heat, water), there are added legal steps and forms required.
2. What if my landlord pays the utilities, but stops paying?
   If the service is interrupted, contact your landlord in writing and your local Board of Health immediately. This could be considered an illegal attempt to force you out—a "constructive eviction."
3. Do I have to pay for utilities if there’s no separate meter?
   Generally, you cannot be charged for utilities without a separate meter to your unit and clear written agreement. Charging tenants for common area utilities is prohibited.
4. What happens if the utilities are shut off because my landlord owes the bill?
   Call your landlord and notify the utility provider you are a tenant—not the account holder. Massachusetts law protects you from utility shutoffs caused by landlord non-payment.

Conclusion: Key Takeaways for Massachusetts Renters

• Leases decide most utility responsibilities—but state law protects your right to essential services.
• Landlords can only charge for utilities like water/sewer if legal requirements and forms are met.
• Use official forms and resources if a dispute arises or services are interrupted.

Always read your lease carefully, and contact official resources if you are unsure about your utility rights.

Need Help? Resources for Renters

• Massachusetts Housing Court: Tribunal for resolving landlord-tenant disputes, including utilities
• Division of Occupational Licensure: For code enforcement and landlord complaints
• Find Your Local Board of Health: Inspections and health code complaints
• Massachusetts Law About Leases: Official guides and tenant resources

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1. Massachusetts Law About Leases – Official State Guide
2. Tenants' Rights and Responsibilities – Massachusetts Government
3. State Sanitary Code (105 CMR 410) – Health, Heat, and Utility Standards

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