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Education for Justice |
FACT SHEET H-8 |
Fall 2011 |
SHARED UTILITY METERS
WHAT IS A SHARED UTILITY METER?
A utility meter measures how much electricity, gas, or water
is being used. A shared meter is a
single meter that measures what is being used by 1 apartment or unit, and some
space outside that apartment. That space
could be another apartment or the common areas of an apartment building or
duplex. Examples of shared meters are
where one meter covers 2 apartments, or covers 1 apartment and a basement
shared by more than 1 apartment. If you
are not sure if you have a shared meter, you can ask your utility company to
check and tell you.
WHAT ARE THE RULES WHEN THERE IS A
SHARED METER?
Minnesota law says that the landlord has to pay the utility company
for any utility bill for a shared meter.
A shared meter utility bill should not be in the tenant’s name, except in one situation. If the meter that measures the tenant’s
electricity also measures a small amount of electricity outside the unit, that
utility account can be in the tenant’s name. The small amount would be
something like a couple of hallway light bulbs.
This rule applies only to electricity use, and does not apply to other
utilities, like natural gas.
You should not make payments to a utility company for an
account in the landlord’s name, including a shared meter account. But, if
the landlord does not pay a bill and the utility company threatens a shutoff, you
may need to make part of a payment to keep your service on. If this happens, you can deduct what you have
paid from your next rent payment (see below- What if my Landlord Hasn’t Paid
and a Shut-off Notice is Posted?). Call
the utility company if you think you are paying a utility bill for a shared
meter.
There are different ways that you may have to pay for your part
of a utility bill on a shared meter. Utility
costs could be added as part of your rent in your lease, or you could be asked
to pay part of a shared meter utility bill to the landlord separately from your
rent. If your lease says that you pay
the landlord separately from your rent for shared meter utilities, there are
rules.
·
When you apply for an apartment with a shared
meter, the landlord has to give you notice of the total utility cost for the
building. The notice must have the
utility costs for each month of the most recent calendar year.
·
There must be a written agreement in your lease
with a fair way to divide up the utility bill between you and anyone else using
utilities on the shared meter.
·
Your lease must state that, if you ask for it, your landlord has to give you a copy of the
actual utility bill for the building and a copy of each divided utility
bill.
·
If you
ask, your landlord must give you copies of actual utility bills for any
period of time you lived there and got a divided utility bill.
·
If the lease is for 1 year or more, you and your
landlord could agree on a budget plan. You
would have monthly payments that are the same all year. They are based on an estimate of the yearly
bill.
·
By September 30 of each year, the landlord must
tell you in writing about the Energy Assistance Program. The information must give you the toll-free
telephone number of the agency.
If the landlord does not follow the
above rules, you do not have to pay the bill or pay the landlord back for
paying it.
WHAT IF I AM PAYING ON A SHARED METER,
BUT SHOULDN’T BE?
If your name is on the utility bill
and you are on a shared meter, the landlord should be paying. Call the utility company right away to report
the problem. You can sue the landlord to get your money back. Your claim can include a penalty of $500 or 3
times what you paid, whichever is more.
You can also ask a judge to order the landlord to take over
responsibility for the bill.
A rent escrow action is one type of
court case that you can use to deal with shared meter problems. At least 14 days before filing the case, you
must give your landlord written notice of the shared meter and what you have
paid. Keep a copy of the notice you give
the landlord. You can also have the
utility company and a housing inspector notify the landlord of the shared
meter. The inspector will give the
landlord a deadline. If the deadline
passes you can file a rent escrow action.
For more information on rent escrow actions, see our fact sheet, H-11
Getting Your Landlord to Make Repairs.
WHAT IF MY LANDLORD HASN’T PAID AND A SHUT-OFF
NOTICE IS POSTED?
If a utility shut-off notice is posted
because of an overdue bill that the landlord has not paid, you can file an
emergency relief action. This is also
called an emergency tenant remedies action (ETRA). Give your landlord a 24 hour
notice of the problem, and that you will file the case if the bill is not
paid. Our fact sheet, H-12 Emergency
Repair Problems, has more information.
You can also give a 48 hour written
notice to your landlord that you are going to pay the bill and deduct it from
rent. Send the notice to the landlord in a letter and keep a copy for yourself. After you pay the bill, you need to send a
copy of the receipt that you paid to the landlord. There is more information in our fact sheet, H-18 Utility
Shutoffs When the Landlord Owes the Bill.
WHAT IF I PAID ON A SHARED METER WHERE
I USED TO LIVE?
If you move out of an apartment where you paid for service
on a shared meter that the landlord should have paid, you can file a claim in
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Mid-Minnesota Legal Assistance. This
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document, go to www.lawhelpmn.org/LASMfactsheets.