Who Pays Utilities in NJ Rentals? Your Rights Explained

Understanding who pays for utilities in New Jersey rental homes is important for budgeting—and for knowing your rights as a tenant. If you’re renting in New Jersey, state law outlines how responsibilities for utilities like water, gas, electricity, and heat should be handled between landlords and tenants. Here’s what you need to know, including official resources and how to take action if there’s a dispute.

Utility Payment Responsibilities in New Jersey Rentals

New Jersey law does not require landlords to pay utilities unless a written lease says so. In most cases:

• Utility payment terms (who pays for water, gas, electric, heat) must be clearly stated in your rental agreement.
• For some multi-family or older buildings, certain utility costs are required by law to be covered by the landlord.
• If a utility is not individually metered, tenants should never pay for service that benefits other tenants or common areas unless it’s clearly written and agreed upon.

New Jersey’s rules on this are detailed in the State of New Jersey - Truth in Renting Guide and in the New Jersey Department of Community Affairs landlord-tenant information.^[1]

Utilities That Are Legally Required

• Heat: Landlords must provide heat from October 1–May 1 in most dwellings. Minimum indoor temperature is required by New Jersey law during this period, though the lease may clarify who pays the bill.
• Water & Hot Water: Landlords are required to provide running water and hot water at all times. Who pays is determined by your lease.
• Electric & Cooking Gas: Payment responsibility is negotiable and should be in your rental agreement.

If these utilities are not provided as required, a tenant can file a complaint with the New Jersey Department of Community Affairs (DCA) Bureau of Housing Inspection.^[2]

What Your Lease Should Say

Every New Jersey residential lease should state:

• Which utilities you, as the renter, pay for directly to the provider (like PSE&G, American Water, etc.)
• If any utilities are billed via the landlord (sub-metered billing) or are included as part of rent
• What happens if the utility is shared with other units (for example, a shared water meter in a multi-family building)

If your lease is silent or unclear, do not sign until you have clarified these details in writing. If you already live in the rental and are unsure, ask your landlord for written clarification.

Disputes and What to Do if Utilities Are Shut Off

New Jersey’s landlord-tenant laws protect you from utility shutoffs if you are not responsible for payment, or if the landlord’s non-payment results in loss of service. If your utility is cut off due to the landlord’s actions:

• You can file a complaint with the Bureau of Housing Inspection (File a Complaint - DCA).
• You may be able to deduct utility payments you make to restore service from your rent, but only after giving the proper legal notice and following the process described by the DCA.^[3]

You can also seek help at the official housing court if there’s a significant problem or dispute.

Relevant Official Forms and How to Use Them

• Complaint Form – Bureau of Housing Inspection
  File a Complaint Form
  Use this to report utility shutoffs or landlord neglect. Example: If your water is shut off due to your landlord’s non-payment and you are not responsible under your lease, file this form online with the DCA.
• Truth in Renting Guide
  Download the current Truth in Renting Guide (PDF) for a full explanation of your rights.

The state’s residential tenancy matters are overseen by the New Jersey Superior Court, Landlord/Tenant Section.

All decisions in utility billing and responsibility must comply with the New Jersey Statutes Annotated (N.J.S.A.) 46:8-19 et seq.—Landlord-Tenant Law.

FAQ: Renters' Utility Billing in New Jersey

1. What if my landlord includes utilities in the rent but stops paying the bills?
   According to New Jersey law, if a landlord fails to pay for utilities included in your rent, you may have the right to withhold rent, get the utility restored, or seek court assistance. Always contact the DCA if your utilities are at risk.
2. Do I have to pay for utilities I don't control or receive?
   No. If the utility is not separately metered, New Jersey law generally prohibits landlords from charging you for utility use that benefits other tenants or common areas, unless you’ve clearly agreed in writing.
3. Can my landlord shut off my utilities to make me move out?
   Absolutely not. It is illegal for landlords to cut essential services to force a tenant to leave. Report this immediately to the DCA and, if needed, seek legal help through the court.
4. What if my lease is silent about utilities?
   If your lease does not specify who is responsible, the landlord could be required to pay. Request clarification in writing and consult the DCA or a housing attorney if there’s a dispute.
5. How do I file a complaint if my rights are violated?
   File an official complaint using the Bureau of Housing Inspection form online with the DCA, and follow up if you do not get a response.

Key Takeaways for New Jersey Renters

• Always ensure your lease specifies who pays which utilities.
• Landlords cannot legally shut off your utilities as a form of eviction or retaliation.
• If you have a utility dispute, use the DCA’s complaint process for help and refer to official guides.

Knowing your utility rights helps protect your comfort and financial well-being while renting in New Jersey.

Need Help? Resources for Renters

• NJ Department of Community Affairs – Landlord/Tenant Resources
• New Jersey Superior Court – Landlord/Tenant Section
• File a Complaint with the Bureau of Housing Inspection
• Truth in Renting Guide (PDF)

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1. See the NJ DCA Landlord-Tenant Information and the Truth in Renting Guide.
2. For inspections and official complaints, visit the DCA Bureau of Housing Inspection.
3. Consult N.J.S.A. 46:8-19 et seq. Landlord-Tenant Law for statutes regarding utilities and tenant protections.

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