Charging for Shared Utilities - NJ (apartment, lease, lawyer)

[NjBaroness]

I have a 2 family property that shares a gas meter.

I use a software where input various metrics and it gives me a percentage calculation on how to split the charges. (square footage of each unit, # of occupants, etc.)

I believe this is fair and advised the tenant of this system and software prior to signing the lease. They agreed and signed the lease...but then refused to pay utilities.

I outlined this utility situation in an addendum to the lease so there was no confusion later, but alas.

Through all the research i have done, i have yet to find any language that says this is illegal and therefor unenforceable in the lease. Of course the tenant is saying its illegal *eye roll*

Has anyone encountered this before? Aware of any legal language that would deem this practice illegal?


Thank you!

[MCNJ]

Why not have separate meters? That would solve a multitude of problems. If the utility is in your name, regardless, the liability is yours should tenant refuse to pay. Is the apartment a legal one? Zoned as a two-family?

Most landlords in this type of situation don't charge for heat or hot water or utilities, but the rent is higher to cover costs incurred by the tenant.

Since he signed the lease and the addendum, you may have some legal backing to enforce terms of the lease, but would need to consult with a lawyer who deals with this type of issue.

[NjBaroness]

The apartment is completely legal and zoned as a two family. All cert. of occupancy are up to date.

Yes, separate meters would solve the problem...in the future.

[jobaba]

Just come to a split.

It cannot be that much money. You guys...

If you did a complex spreadsheet to try and save some money on not splitting the gas bill 50/50, you are not going to pay to get meters put in, because its expensive.