The owner shall provide the oil used for heating and/or hot water in each dwelling unit unless such oil is provided through a separate oil tank which serves only that dwelling unit, provided however, that 105 CMR 410.000 shall only apply to tenancies created or renewed after July 1, 1994.Even if you're not in Massachusetts, many states have laws requiring that this sort of thing be metered. We may as well check on the local law first, but the best thing to do will probably be to call the oil company and tell them that there's something skeezy going on with the way the oil use is being metered. I guarantee that they'll find that very interesting. And you shouldn't worry about doing that just because you're on a budget with them; that's just all the more reason to make sure you're not getting screwed, and I'm sure they'll understand that, especially since they're just as likely as you to get screwed through faulty metering.
When Your Utility Meter Covers More Than Your Utility ServiceSo there's that, first of all; I know you're struggling to pay back the oil company, but legally the bills from here on out shouldn't be in your name. That doesn't mean yo don't have a responsibility for past bills, and it doesn't mean your landlord can't charge you a portion for utilities; but it does mean that it's not under your name legally, and that's a good thing.
If your gas, electric or water utility meter covers service provided to other tenants or to areas shared with other tenants (such as lights in the basement or hallway or over a porch that leads to more than one apartment), the bill should be in your landlord's name, not in your name. In this situation, you have two choices:
1. You can ask the utility company to put the service in your landlord's name,
or
2. You can leave the utility service in your name and deduct from the rent a reasonable estimate of the cost of the portion of the service which is used by other tenants. The utility company can provide you with such an estimate. You should ask the utility company to provide this estimate in writing and you should save this written estimate in case you have to use it in court later.
There is less risk to you if you have the bill put into your landlord's name in this situation. If you leave the bill in your name and it gets to be more than you can afford, you may end up with a debt to the utility company that is difficult to pay. You also risk being evicted for not paying your rent and having to prove in court that you only deducted from the rent a reasonable estimate of the utility use of other tenants.
High or Inaccurate BillsSo the long and short of it is, you should do two things. First, call the utility company and have them put your utilities in your landlord's name rather than your own. They are required by law to comply. While you are on the phone with them, mention to them that you'd like a reasonable estimate of how much heating oil the family upstairs is using; they can deliver this far better than you can through various and sundry methods, and they might even send a guy out to take a look. Second, call your landlord and let him know you've done this. You'll need to make arrangements with him on how he's going to want the utilities paid from now on. Tell him that the utility company has provided or will provide a reasonable estimate of how much oil you owe for and how much oil your neighbors owe for.
Utility companies are responsible for the meters that measure the service you get...
Your bill could be high because your meter is connected to service in another apartment. This is not legal and the utility company can put the bill in your landlord's name or you can deduct a reasonable estimate of the cost of the service to other apartment(s) from your rent. The company can provide a reasonable estimate - you should not estimate on your own.
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posted by jimmyjimjim at 8:11 PM on October 30, 2009