Legal Question in Landlord & Tenant Law in Massachusetts

Landlord rights

We had a lease with tenants for 1 year.

According to the lease agreement tenants were responsible to water and sewage payments.

Tenants lived in the apartment for 18 month and after 12 months stopped paying for water and sewage, motivating it that they did not renew the lease and were ''tenants at will'' so they are responsible only for rent. We want to sue our tenants for the unpaid water and sewage's charges. Do we have a chance in court to recover the money?


Asked on 8/18/08, 10:24 pm

2 Answers from Attorneys

Alan Fanger Alan S. Fanger, Esq.

Re: Landlord rights

When a lease term expires and a tenant remains in possession as a tenant at will, the law will generally imply that the terms of the lease carry over to the tenancy at will. So unless the parties agreed in writing to alter the arrangement or by their conduct altered the arrangement, I would expect a court to enforce the tenants' continuing obligation to pay water and sewer charges.

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Answered on 8/18/08, 10:29 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Landlord rights

The prior answer is what I would have said. However, there is one thing that concerns me: you have said that the tenants live in an apartment, which implies that there are multiple units in the building. water and sewer costs are almost never separately metered. If your tenants were paying for someone else's water and sewer -- yours, if you live in the same building, or another tenant's -- you may have violated the law. The general rule is that tenants are not obligated to pay for utilities that are shared, or that serve "common areas." My recollection is that there is no "wiggle room," even if the agreement is in writing, but I won't say that I have double-checked this in the statutes or regulations.

Even if you gave a very low rent in consideration of this factor, you may well have been wrong.

If my supposition is correct, you should instead create a new tenancy at will by 30-day notice to quit and offer of new tenancy. Factor in the approximate cost of their water in your offer of a new rent.

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Answered on 8/19/08, 7:02 am


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