Legally Charging Tenants For Water Usage In Massachusetts
Owning residential real estate and renting out these properties can be a great way to generate income each month. If you currently have properties in the state of Massachusetts that you are interested in renting, it's important that you take the time to understand your rights when it comes to demanding payment for utilities like water.
Here are three things that you are legally obligated to do before you can charge your Massachusetts tenants for water usage according to the Massachusetts Water Sewer Sub-Metering Law.
1. Install separate meters for multi-unit properties.
If you have converted a large home into several smaller apartments, it's important that you recognize that you will need to have separate water meters installed by a professional plumber for each unit if you want to charge your tenants for their water usage. Any common areas (like a laundry room) must also be metered separately.
Be sure that you are willing to invest the time and money required to have separate water meters installed for each individual unit within a residential building if you want to legally charge your tenants for their water usage in the future.
2. Install low-flow plumbing appliances.
Massachusetts state law requires that landlords who want to charge their tenants for water usage provide access to appliances that help conserve water. The installation of low-flow plumbing appliances can significantly reduce the amount of water that your tenants will use each month.
In fact, replacing old toilets with low-flow units can cut water usage by 25%. Be sure that you upgrade the plumbing appliances in your rental properties to low-flow models if you want to charge your tenants for water usage without violating Massachusetts real estate law.
3. Include a clause in the lease stating water consumption will be charged separately.
You cannot make the decision to start charging your tenants for water usage during the middle of their residency. Only a new lease that clearly states that water usage will be billed separately can be legally enforced.
Be sure that you take the time to work with a real estate attorney to draft your lease agreements so that any water usage payments required are prominently outlined. Having a clear and concise lease agreement ensures that you will be able to legally recoup any water usage payments owed to you by your tenants in the future.
Understanding your legal obligations when it comes to charging tenants in Massachusetts for water usage is important. Be sure that you install separate meters, low-flow appliances, and have a clear lease agreement so that you can legally charge your tenants for their water usage each month.
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