Legal Question in Landlord & Tenant Law in New Jersey

Can a residential landlord force 2 tenants to share electricity with the electric in one tenant's name for both residences and the other tenant has to pay the other tenant?


Asked on 2/20/11, 3:52 pm

1 Answer from Attorneys

Tina Amodeo Law Office of Tina Nielsen Amodeo, LLC

Hello. "Force" is a pretty strong word. If the lease terms include that the electricity will be paid by one tenant and the other tenant reimburses the other tenant for that tenant's electricity use and both tenant's accepted the lease terms, I do believe that it can be set up this way. However, this does sound like an odd arrangement. It also sounds like there could be problems down the road if the tenant who pays the electric fails to pay OR if you decide you are not going to reimburse the other tenant. What if you pay the tenant and he fails to pay the electric bill? There also may be issues with figuring out how much each tenant should be paying toward the bill. Finally, your local municipal codes or regulations may not permit a rental situation like this - one without separate utility bills. You do not state what problems you are having regarding the situation, but I suggest you first discuss with your landlord how the situation can be better managed. If he agrees to change it, you need to have an amendment to your lease drawn up clearly stating what the changes are, when they will take effect, etc. I would also call your local code official who deals with rental properties in your town and ask that person if there are any rules or laws that prohibit this situation. If so, you can use that information to get your landlord to change the situation. Always reach out to your landlord to discuss things first. If the landlord does not respond or does not respond in a positive fashion, make sure all communication to the landlord is done in writing and mailed certified mail and regular mail to the address that your lease tells you to send notices. Always keep copies of all letters and notices for your records along with the proof of mailing.

I hope this answer helps you,

Regards,

Tina

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Answered on 2/23/11, 9:56 am


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