When Tenants Share a Furnace Who Should Pay the Heating Bill

[joe0329]

My question involves landlord-tenant law in the State of: Wisconsin

I am a tenant in a duplex with one furnace and am sharing the heat bill with the neighbor. My neighbor thinks that legally my land lord has to pay the heat and it should be included in the rent?

[DaveJames]

I would think so to. What if one of you like hot baths all the time and 80 degree room temps or 2 hr showers like an old buddy of mine did; should the other tenant that is frugal and keeps the heat low and takes quick showers have to pay extra. All utilities should be separate or in the rent unless some agreement is made and agreed on before signing the lease.

Even if it was in the rent, one tenants over usage could cause a rise in rent renewal and ruin it for the other tenants.

That's my opinion and may have no legal basis in your state but I believe its a wise opinion.

And for my buddy, well his neighbor turned the cold water off on him in the basement while in the shower. That was over 20 years ago and a fight broke out.

[Mr. Knowitall]

What does your lease say about how the heating bill is to be paid and/or divided? It's presently in whose name?

[SChinFChin]

My question involves landlord-tenant law in the State of: Wisconsin

I am a tenant in a duplex with one furnace and am sharing the heat bill with the neighbor. My neighbor thinks that legally my land lord has to pay the heat and it should be included in the rent?

The situation you mentioned is not uncommon, and as I'm a LL, I personally know of many cases where heat is charged for and thus so allocated. Some states have laws against "electric meter" splitting, but I have not heard of legal prohibtions against such arrangements for heating. Of course, there could be such restrictions in local ordinances.

Usually, such regulations fall under the juridiction of a state's publice service commission, and in your state, it does not appear to be something they regulate:

http://psc.wi.gov/consumerInfo/FAQ's/general/regulatedbyPSC.htm

Here in NYC where I am, I include the heat in the rent, but that is because most LL's rent apartments out this way. I had a co-worker who owned rentals in NJ and PA, and I once asked him if such arrangements are common as a friend of ours bought a rental in Philadelphia, and split the heat between the upstairs and downstairs tenants, and at the time, it was new to me. My friend told me not only does he do it, but his dad who owned rentals in NC and SC also splits heating bills that way as well, so yes, he has heard of it.

While we were on the subject, he told me the strangest arrangement he heard of was his dad knew of a fellow landlord who splits the bill, but then impose a $5.00 handling charge for doing so. I asked what this guy did for the $5.00, and I'm told that he photocopy the bills, makes up an invoice, attaches the bill to it, then drops the bill in the mail to his tenant, and for this the LL charges $5.00, added to the bill to each tenant, making $10.00 every month for 2 bills. Since all of this was mentioned in the lease, and this fellow had it checked out, and it was declared legal.

So as far as I know, in all the years I've been in the business, it is an outstanding practice going back a long way, done in many states, and I have not heard of it being illegal.

Now, in the past, I also rent apartments and houses to several roommates who splits the heating bills among themselves, and it could be a situation where one guy likes it really hot, and another frugal one who rather wear a coat with mittens at home. Since I own buildings where there is one heating system, and I set the thermostat everywhere, then everyone is equally warm or cold, so there can't be any argument that one guy is enjoying the heat, while the guy on the other side is shivering in the cold, creating an unfair situation.

[joe0329]

What does your lease say about how the heating bill is to be paid and/or divided? It's presently in whose name?

The lease says " make half of gas payment by the 16th of each month " The bill itself is in his name and I drop a check of at his house. I have to re sign this month for a new lease. He wants a year and Im not sure if I want to go through that again