North Dakota Tenant Rights: Sub-Metering vs Master Meter Billing

If you rent in North Dakota and pay for utilities, it’s important to understand how sub-metering and master meter arrangements can affect your rights and utility bills. This guide explains how these metering systems work, your protections under North Dakota law, and how to address potential billing or service issues with your landlord.

Understanding Sub-Metering and Master Metering in North Dakota

Landlords in North Dakota may supply utilities to tenants through either sub-metering or a master meter system. Here’s what each means:

• Sub-metering: Each unit has its own meter. Tenants pay for the exact utilities they use, which are measured separately for each apartment or home.
• Master meter: The entire building’s utility use is measured by a single meter. The landlord receives the bill and may divide costs among tenants, often based on unit size, number of occupants, or another method in your lease.

Your lease should state how your utility charges are determined and who is responsible for payment. If you’re unsure, ask your landlord for clarification and review your rental agreement.

Legal Protections for Tenants: Utilities and Billing

In North Dakota, tenant rights regarding utility billing are governed by the North Dakota Century Code Chapter 47-16 (Landlord and Tenant Law).^[1] This legislation outlines your rights and your landlord’s obligations, including:

• Written disclosure of how utilities are billed and who pays them
• Prohibition on landlords charging more than what is paid to the utility company, unless agreed to in your lease
• Protection from unfair shut-off or interruption of essential utilities due to landlord nonpayment

Additionally, tenants are entitled to services as specified in their lease, and landlords must maintain essential utility services for habitability.

Sub-Metering: What Tenants Should Know

With sub-metering, tenants receive bills directly for their individual utility usage. In some cases, landlords may coordinate billing, but the amount must reflect actual consumption.

• You have the right to request meter readings and copies of bills upon request
• If you suspect inaccurate billing, you can contact the utility provider or the North Dakota Public Service Commission (file a complaint here)

Master Meter Billing: What’s Allowed?

For master metered buildings, landlords might divide a single utility bill among tenants. North Dakota law requires that:

• Your share of the utilities must be calculated in a fair, transparent manner
• The landlord must provide a written explanation of how charges are calculated if requested
• Charges cannot exceed what the utility company billed the landlord

Utility Shut-Offs and Tenant Protections

Landlords are generally not allowed to shut off utilities as a method to force payment or vacate. If your landlord fails to pay the utility provider on a master meter arrangement, resulting in a shut-off, you have legal recourse:

• Notify the landlord in writing about the issue
• If not resolved quickly, you may file a complaint with the local housing authority or take legal action
• If utilities remain off, you may be able to end your lease without penalty and seek damages according to the North Dakota Century Code

Official Forms and Where to File a Complaint

• North Dakota Public Service Commission Utility Complaint Form
  When used: If you believe you are being billed unfairly or have issues related to utility service or shut-offs by your landlord, fill out this form.
  Example: A tenant whose electricity was disconnected due to the landlord’s unpaid master meter bill can file this complaint.
  Download the official Utility Complaint Form (PDF)

Tribunal/Board: Utility complaints regarding landlords are handled by the North Dakota Public Service Commission (PSC). Housing habitability and lease disputes are addressed by local district courts; for more info, see the North Dakota State Court System.

What if My Lease Doesn’t Specify Utility Billing?

If your lease is unclear or silent about utility billing, North Dakota law generally presumes the landlord is responsible for all utilities except those the tenant signs up for directly. Always consult your written agreement and retain copies for your records.

FAQ: North Dakota Rental Utilities, Sub-Metering, and Master Metering

1. Can my landlord charge me more for utilities than the actual bill?
   No. Under North Dakota law, your landlord cannot charge more than the amount billed by the utility provider unless your lease specifically states otherwise.
2. What if I think my landlord’s utility bill calculation is unfair?
   Request a written explanation. If it remains unclear or seems incorrect, contact the North Dakota Public Service Commission to file a formal complaint.
3. Do I have to pay if utilities are shut off due to the landlord not paying the bill?
   If the shut-off was not your fault, you may have grounds to terminate your lease or seek compensation. Consult the PSC or local court for advice.
4. Is my landlord required to tell me how my utility charges are determined?
   Yes. Landlords must provide a written explanation upon request and disclose billing methods in your lease.
5. Who handles disputes about rental utility billing in North Dakota?
   The North Dakota Public Service Commission investigates utility complaints. Lease enforcement or habitability issues go to your local district court.

Conclusion: Key Takeaways for Renters

• Always review your lease to understand your utility responsibilities—ask questions if you’re unsure.
• North Dakota law prevents landlords from overcharging or disconnecting utilities outside of proper procedures.
• If issues arise, know your rights to written explanations, official complaint channels, and legal protections for essential services.

Empower yourself by using official channels and keeping thorough documentation whenever a utility or billing issue arises.

Need Help? Resources for Renters

• North Dakota Public Service Commission: Utility Complaint Information and Forms
• North Dakota Legal Self Help Center – Guidance for small claims and landlord-tenant issues
• North Dakota Department of Agriculture: Rental Housing Rights & Information

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1. North Dakota Century Code Chapter 47-16: Landlord and Tenant Law

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