What is the MA Sub metering Law

Just when you think you know everything there is to know about residential leasing in MA, you were smart enough to know there is always something else!  

Today, that "something else" I will review is the Massachusetts law regarding submetering for tenants whereby the tenant pays for water and sewer and the landlord is not required to do so.  This is one of several major potential pitfalls Landlords can make. I've seen it occur particularly frequently with owners who do not have property managers, along with other detrimental easy-to-avoid mistakes (not properly managing tenants' deposits, not explaining and providing the MA Lead Law form, illegal screening practices and failure to insert common Addendums in the Lease). 

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This law applies to a variety of people and is very important to know.  While failing to comply with the law can be very costly, the truth is many people on boths sides of the transaction may simply be unaware of it and ignore it altogether.  Either side of the transaction could be leaking money if they do not follow the law. 



If you are a tenant/lessee and your landlord says they do not include water and sewer in the rent, then most likely they have submetered the water and sewer and you need to pay for water and sewer separately. However, you absolutely want to make sure your landlord/lessor has complied with the following law:

"Landlord has installed submeters that measure actual water used in your apartment; Landlord has installed low-flow fixtures; Your tenancy started on or after March 16, 2005; Previous tenant was not forced out; There is a written rental agreement that spells out water bill arrangements; and Landlord has filed proper certification"

Regarding the line about your rental agreement, there is a Water and Sewer submetering addendum. If your lease does not have this addendum it either means water and sewer are included in the rent or, if the landlord/agent has said the tenant pays for these utilities, then someone has made a mistake and you need to follow-up. 

For Landlords/Investors, make sure you comply with all aspects of the law before charging tenants for water and sewer. Failing to do so could result in not only paying for the water and sewer bill, but also potential fines and lawsuit from the tenant. 

You can learn more about the law and requirements here.

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