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I started renting some rooms as a tenant in a house recently. It is Tenancy at Will, based on a (uh-oh) verbal agreement between me and the landlord.

We have recently disagreed on how utilities should be apportioned. (He has unilaterally changed the agreement, assigning me a greater % of the heating costs than we had agreed.) I then mentioned that I had read that Massachusetts law requires utilities to be metered separately if a tenant is going to be charged directly for them. He countered that while that is true in rental buildings, it does not apply in a situation like this where he is renting rooms within his own home.

Is he correct?

I tried to search online for Massachusetts law regarding "boarding houses" but didn't find much of help.

I realize that without a written lease there is not much foundation to argue the original agreement, and as this is a Tenancy at Will my primary recourse is simply to give notice and terminate the tenancy. But I am curious what the actual law is.

Thanks for any insights!

Editor's Response

I am not aware of such an exception to the rule regarding metering.  Might exist, but I have not heard of it and, given the protective nature of legislation on this subject, I doubt it.  Ask your landlord to show you the statute or regulation.  I do know this, however:  In Massachusetts, without a written agreement (TAW or Lease) regarding your obligation to pay utilities, your landlord cannot force you to pay them.  Good luck, and please tell your friends about The Forum.

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