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Rights of Tenants in Maine:
Electric Charges for Common Areas


CONTENTS

Introduction: How to Use This Online Handbook



Electric Charges for Common Areas

light bulbCan the landlord make me pay for electricity outside of my apartment?

PDF pamphlet version Click here to get a printer-friendly .pdf pamphlet version.  If you need help, click here.
If you live in an apartment building, you may find out that you are paying for electricity for "common areas," such as hallways, basements, or a common hot water heater or furnace. It is illegal for your landlord to make you pay those costs alone. For example, the hall lights should not be hooked up to your meter.

If you find out that you are paying for the electricity going to "common areas" or to someone else's apartment, take these steps.

  • First talk to your landlord. Ask her to put in a separate meter or to lower your rent to make up for the extra money you are paying.
  • If you agree to lower your rent, do it in writing. Write down exactly how much less rent you will pay in exchange for paying for the extra electricity.
  • If you have been paying these extra charges for some time, ask your landlord to pay you back. If you cannot figure out how much you should be paid, check with your utility company or city electrician to find out if they will help you.
  • If your landlord refuses to pay what is fair, you can sue him/her. The law says that you can get $100.00 or your "actual damages" (how much you lost), whichever is more. You can file your claim in Small Claims Court by yourself. If you hire a lawyer, the judge can order your landlord to pay your lawyer's fees and costs if you win.

Caution: If you are not ready to move, think about whether you want to sue now or later. Read the section on Evictions. If you are not protected by a lease, then you may want to wait and sue after you have moved or are ready to move, in case the landlord retaliates with an eviction.

If you find out that you are paying for other common utilities, such as heating oil, this law does not apply to you. But you may have other legal remedies. If you can't work out a fair deal with your landlord, talk to a lawyer.

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© Pine Tree Legal  Assistance
March 2006

Sometimes the laws change. We cannot promise that this information is always up-to-date and correct.  If the date above is not this year, call us to see if there is an update.

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