In Massachusetts, landlords cannot charge tenants for water unless they undertake certain steps. G.L. c. 186, § 22 outlines what a landlord must do before making a tenant responsible for water and sewer costs. Failure to comply can result in a tenant receiving a refund for their water bill, and possibly more.
A landlord may charge a tenant for water only if:
There is a separate submeter that monitors the tenant's usage, meaning the tenant is not charged for common areas or other tenants' usage.
Water conservation devices are installed in the unit.
The lease agreement clearly outlines the tenant's responsibility to pay for water.
The landlord files a certificate of compliance with the board of health (or other municipal agency—it varies by town) certifying that there is a separate submeter and water conservation devices.
The landlord only bills for actual usage and does not tack on additional fees.
It happens more often than you think. Maybe the landlord runs the sprinklers every weekend and you end up footing the bill. Maybe you share the water bill with other tenants and the landlord divides up the bill based on a percentage. If the upstairs neighbor loves to take hour-long showers while you're rationing every drop of water from that leaky faucet, you don't have to subsidize their lifestyle.
If the landlord failed to comply with the above requirements, you could be entitled to a refund. If the landlord refuses to refund you, you could be entitled to treble damages (triple the money) and attorney's fees under the consumer protection law.
Even if you rent a single-family home, where all the water consumption is attributable to you even without a submeter, the landlord still has to have that certificate on file, since it also certifies that water conservation devices were installed. They can't charge you without it.
The best way to tell is to contact your local board of health and ask if they have a water submetering certificate on file for your address. Every town is different, so you might also have to contact the inspectional services/building department or water department before you can find something. If no certificate is on file, then the landlord can't charge for water.
Even if a landlord installs water conservation devices and gets the certificate and everything, they can only charge a tenant at the beginning of their tenancy for water, and they cannot kick a tenant out solely because they want to start charging the next tenant for water.
If you couldn't get a certificate, you could ask your landlord to provide it directly. If they can't, you can gather the bills you paid and request a refund. Contact the Law Office of Lin Wang for more information.