By Arthur Hardy-Doubleday, Esq.
December 25, 2025
In Massachusetts, landlords generally cannot charge tenants for water or sewer unless they meet strict legal requirements, including installing unit-specific submeters, obtaining Board of Health certification, and providing a written water billing addendum. If those steps are not followed, water charges are illegal—even if the lease says the tenant must pay.
You check your bank account and notice another deduction from your landlord. “Water/sewer bill,” the note says. It seems reasonable—after all, you use water. But here’s what most Massachusetts tenants don’t know: your landlord may be breaking the law every time they charge you for water.
Across Massachusetts, tenants routinely pay thousands of dollars in water and sewer charges that violate state law. Landlords never provide the required certifications, never obtain proper permits, and—most egregiously—sometimes charge tenants for thousands of gallons of irrigation water used to maintain the landlord’s lawn.
If you’re a Massachusetts tenant paying water bills, this article could save you thousands of dollars. If you’re a landlord charging tenants for water, it could save you from a devastating lawsuit.
The Law: Why Most Landlords Can’t Legally Charge for Water
Massachusetts has strict laws governing when and how landlords can bill tenants for utilities. Under Massachusetts General Laws Chapter 186, Section 22 (governing residential landlord-tenant relationships) and the implementing regulation 940 CMR 3.17 (the State Sanitary Code provisions on utility billing), landlords cannot simply pass water and sewer bills to tenants without meeting specific requirements. Recent appellate decisions, including Ferreira v. Charland, 103 Mass. App. Ct. 194 (2023) and 133 W. Main St. Realty v. Kimball, 105 Mass. App. Ct. 295 (2025), have confirmed that these requirements are strict conditions precedent to lawful billing.
What the Law Requires
To legally charge tenants for water and sewer, a landlord must:
- Have a separate submeter installed for each rental unit
- Obtain certification from the local Board of Health
- Provide tenants with a copy of the Board of Health certificate
- Execute a written water/sewer addendum to the lease
- Ensure all fixtures meet low-flow requirements
These aren’t suggestions—they’re mandatory legal requirements. Yet in my experience representing tenants across Massachusetts, the vast majority of landlords who bill for water have never completed these steps. The Massachusetts Appeals Court recently confirmed in Ferreira v. Charland (2023) that these requirements are conditions precedent to charging tenants, and failure to comply can be raised as a defense in eviction proceedings.
Hypothetical Case Study: Multiple Years of Illegal Charges
Let me walk you through a hypothetical scenario that illustrates just how costly these violations can be—and how commonly they occur.
The Scenario
Imagine a couple rents a single-family home in a Massachusetts town for six years. Their lease states they’re responsible for “all utilities, including water.” The landlord regularly sends them copies of the town water bills, and the tenants dutifully pay them—totaling thousands of dollars over the six-year tenancy.
The problems? The landlord:
- ✗ Never provided a Board of Health certificate
- ✗ Never provided a water/sewer addendum
- ✗ Never installed separate submetering
- ✗ Charged the tenants for irrigation water used for lawn maintenance
The Irrigation Water Problem
Here’s where it gets particularly egregious. When the tenants finally review the actual water bills, they discover something shocking: the bills include separate line items for “domestic water” and “irrigation water.” Many towns have two-tier water systems where irrigation water (used for outdoor watering) is billed separately, often at the same address. Landlords sometimes forward the entire bill without separating what tenants actually use. These irrigation charges represent actual overcharges-money paid for water the tenant never used and never could have used-which courts treat differently from technical violations.
For example, a typical summer bill might show:
- Domestic water: 4,800 cubic feet
- Irrigation water: 5,200 cubic feet
The tenants were being charged for more irrigation water than domestic water—water used to maintain the landlord’s lawn and landscaping, not for their personal use.
Over six years of summer months with heavy irrigation, this adds up to thousands of dollars in charges for water the tenants never used. While not every property has irrigation meters, this issue is surprisingly common in properties with extensive landscaping, and many tenants never realize they’re being charged for it.
What Happens Next
When the tenants inquire with their local town hall, they learn the landlord was never permitted to charge them for water and sewer in this manner. Despite this, the bills had arrived in the tenants’ names for years, and the landlord continued to collect payment.
At lease end, when the landlord improperly withholds part of the security deposit, the tenants consult an attorney. That’s when they discover the full scope of the violations.
Red Flags: How to Spot Illegal Water Billing
If you’re a Massachusetts tenant, watch for these warning signs that your landlord may be billing you illegally:
🚩 Red Flag #1: No Documentation at Lease Signing
Did your landlord provide you with:
- A Board of Health certificate?
- A separate water/sewer addendum to sign?
- Documentation of submeter installation?
If not, the billing is likely illegal.
🚩 Red Flag #2: Bills Show “Irrigation” or Multiple Meters
Look carefully at your water bills. If you see:
- Separate line items for “irrigation water”
- Multiple meter readings
- Charges for water usage you couldn’t possibly have used
You may be paying for water used in common areas, for landscaping, or for other tenants.
🚩 Red Flag #3: The Bill Exceeds Your Actual Usage
Track your usage for a month. Does the bill seem impossibly high? In summer months, does it spike dramatically even though your indoor usage hasn’t changed? You may be paying for outdoor irrigation.
🚩 Red Flag #4: Single-Family Home with Town Bills
In single-family rentals, landlords often simply forward the town’s bill to tenants without proper submetering. This is convenient for the landlord but illegal under Massachusetts law unless they’ve completed the required certifications.
🚩 Red Flag #5: Your Lease Just Says “Tenant Pays Water”
A simple clause stating you’re responsible for water is not sufficient under Massachusetts law. The law requires specific documentation, certifications, and addenda.
The Financial Consequences for Landlords
Massachusetts treats utility billing violations seriously, and the financial consequences can be devastating for landlords who violate the law.
Chapter 93A: Consumer Protection Penalties
Violations of Massachusetts landlord-tenant laws are generally considered violations of Chapter 93A, the state’s Consumer Protection Act. Courts have held that violations of state sanitary code and landlord-tenant regulations can constitute unfair or deceptive practices. However, recent case law-including 133 W. Main St. Realty v. Kimball (2025) and Poncz v. Loftin (1993)-clarifies an important distinction: technical violations (like charging without proper documentation) typically result in nominal damages and attorney’s fees unless the tenant can prove actual financial harm. This means:
- Refund of actual overcharges paid by the tenant (such as irrigation water charges)
- Nominal damages (typically $1-100) for technical violations, or actual damages if financial harm is proven
- Attorneys’ fees and costs awarded to the tenant (often the most significant component)
- Double or treble damages if violations are found to be willful and knowing
In the hypothetical scenario described above, violations could include multiple categories:
- Refund of water charges (with actual overcharges like irrigation water being fully recoverable, and technical violations potentially resulting in nominal damages)
- Return of security deposit and last month’s rent (if improperly withheld-separate violations with established damages)
- Damages for harassment and interference with quiet enjoyment (if proven with evidence)
- Statutory interest on applicable damages
- The total exposure depends entirely on what violations occurred and what actual harm can be proven, but can be substantial when considering refunds, damages, attorney’s fees, and potential multiple damages for willful violations
What started as a landlord attempting to pass along a utility bill became a significant legal exposure that could have been avoided with proper compliance. The key distinction: while technical violations (no certificate, no addendum, no proper submetering) establish liability under Chapter 93A, the substantial damages come from proving actual overcharges-like irrigation water charges-and additional violations like security deposit withholding. The attorney’s fees alone can make these cases financially significant for landlords, even when nominal damages apply to the technical violations.
Additional Penalties
Beyond Chapter 93A damages, landlords may face additional consequences. As the Appeals Court held in Ferreira v. Charland (2023), utility billing violations can be raised as defenses in eviction proceedings, potentially preventing a landlord from removing a non-paying tenant. Other consequences include:
- Municipal fines from the Board of Health
- Inability to evict for non-payment of illegally charged utilities
- Damage to reputation and difficulty renting in the future
- Personal liability (corporate shields may not protect landlords for statutory violations)
What Landlords Must Do to Comply
If you’re a Massachusetts landlord who wants to charge tenants for water, here’s what you must do:
Step 1: Contact Your Local Board of Health
Before you rent the property or add water billing to an existing tenancy, contact your city or town’s Board of Health. Ask about:
- Requirements for submetering
- The certification process
- Low-flow fixture requirements
- Required documentation
Step 2: Install Proper Submetering
Each rental unit must have its own water meter that measures only that unit’s usage. You cannot:
- Split one meter between multiple units
- Include common area water usage
- Include outdoor irrigation
- Simply divide the bill proportionally
Step 3: Obtain Board of Health Certification
Once submetering is installed and all fixtures meet requirements, obtain written certification from the Board of Health.
Step 4: Provide Documentation to Tenants
Before the tenancy begins (or before you start charging existing tenants), provide:
- A copy of the Board of Health certificate
- A detailed water/sewer addendum (which should specify the location of the submeter, the calculation method, and confirm that only the unit’s measured usage will be charged)
- Clear explanation of how charges will be calculated
Step 5: Bill Only for Metered Usage
You may only charge tenants for water that passes through their dedicated submeter. You cannot charge for:
- Irrigation or outdoor water use
- Water used in common areas
- Water used by other tenants
- Your own water usage (if you live on the property)
What Tenants Should Do Right Now
If you’re currently paying water bills to your landlord, take these steps:
1. Request Documentation Immediately
Send your landlord a written request (keep a copy) asking for the following. Sample language: “Dear [Landlord Name], I am writing to request copies of the following documents related to water billing at [your address]:”
- Copy of the Board of Health certificate authorizing water billing
- Copy of the water/sewer addendum you signed
- Documentation showing separate submetering for your unit
Review Your Bills Carefully (And Determine Your Timeline)
Obtain copies of all water bills you’ve paid. Look for:
- Irrigation charges
- Multiple meter readings
- Usage that seems excessive
- Charges during periods you were away
3. Calculate What You’ve Paid
Add up all water and sewer charges you’ve paid over your tenancy. Separately identify any obvious overcharges like irrigation water, common area usage, or charges during vacancies-these are actual damages that may be fully refundable. Technical violations (no certificate, no addendum) may result in nominal damages, but establish liability and entitlement to attorney’s fees. Note: Chapter 93A claims generally must be brought within four years, so calculate accordingly.
4. Contact Your Town or City
Call your local Board of Health or Department of Public Works. Ask:
- “Is my landlord permitted to charge me for water at [your address]?”
- “Has my landlord obtained certification for water billing?”
- “Are there multiple meters at this property?”
5. Document Everything
Save:
- All water bills
- All payment records
- Communications with your landlord about utilities
- The response from your town/city
6. Consult an Attorney
If your landlord cannot produce the required documentation, you may be entitled to:
- A full refund of provable overcharges (such as irrigation water you never used)
- Return of your security deposit with interest (if improperly withheld)
- Nominal damages for technical violations, or actual damages if you can prove financial harm, potentially doubled or tripled under Chapter 93A if violations were willful
- Payment of your attorney’s fees and costs (often the most valuable component of these claims)
Many landlord-tenant attorneys, including our firm, offer free consultations. The landlord, not you, will likely end up paying the legal fees if you prevail. Even when damages are nominal for technical violations, the attorney’s fees provision makes these cases economically viable for tenants to pursue and provides strong leverage in settlement negotiations.
A Warning to Landlords: The Cost of “Everyone Does It”
I’ve heard this from landlords countless times: “But everyone charges tenants for water. I’ve been doing it this way for years.” This is an understandable perspective, but it creates serious legal risk.
Here’s the problem: “everyone does it” is not a legal defense and can actually increase your exposure. Under Chapter 93A, courts can find violations were “willful and knowing” if:
- The landlord is experienced and should have known the law
- The landlord continued the practice over many years
- The landlord never attempted to obtain proper certification
When violations are found to be willful and knowing, damages can be doubled or tripled. Courts consider factors such as whether the landlord is sophisticated, whether the violations continued over time, and whether the landlord made any attempt to comply with the law.
The Cost-Benefit Analysis
Consider the difference between compliance and non-compliance:
Cost to comply with the law:
- Submeter installation: $1,000-3,000
- Board of Health certification: $100-500
- Legal review of addendum: $500-1,000
- Total: ~$2,000-4,500 one-time cost
Potential consequences of non-compliance:
- Refund of actual overcharges (such as irrigation water the tenant never used)
- Damages for proven violations (ranging from nominal damages for technical violations to actual damages for proven harm)
- Attorney’s fees and costs (often the most significant component)
- Potential multiple damages if violations are found to be willful and knowing
The choice should be obvious. The cost of proper compliance is a one-time investment, while the consequences of non-compliance can far exceed that amount, particularly when attorney’s fees are included.
Real-World Examples of This Violation
While the above is a hypothetical, these violations occur constantly across Massachusetts:
- Multi-family homes where the landlord has one water meter and simply divides the bill among tenants
- Single-family rentals where landlords forward town bills without proper certification
- Properties with in-law apartments where the main house and apartment share a meter
- Rentals with swimming pools where pool maintenance costs are passed to tenants
- Properties with extensive landscaping where irrigation costs dwarf indoor water use
In each scenario, tenants may be paying hundreds or thousands of dollars annually for water charges that violate Massachusetts law.
Conclusion: Know Your Rights
If you’re a tenant reading this and you’ve been paying water bills without receiving Board of Health certification and a proper addendum, you may be entitled to compensation. While technical violations typically result in nominal damages, actual overcharges (like irrigation water you never used) are fully refundable, and attorney’s fees provide strong leverage for settlement. The law is on your side, and landlords cannot continue to ignore these requirements. Note that Chapter 93A claims require sending a demand letter 30 days before filing suit-see our related article on writing demand letters for guidance.
If you’re a landlord reading this and you’re currently billing tenants for water without proper compliance, consult with an attorney immediately. In some cases, proactively ceasing improper charges, refunding past payments, and getting into compliance may reduce your exposure. Contact your Board of Health and seek legal counsel before you face a claim that could cost tens of thousands of dollars.
Water billing violations are one of the most common—and most expensive—mistakes Massachusetts landlords make. Whether you’re a tenant seeking to recover improper charges or a landlord seeking to achieve compliance, understanding these requirements is essential.
Contact Us
If you’re a Massachusetts tenant who has been charged for water or sewer without proper documentation, or if you’re a landlord who needs guidance on compliance, contact our office for a free consultation. Early consultation can help tenants recover improper charges and help landlords avoid costly violations.
The Law Office of Arthur Hardy-Doubleday
Protecting Tenants’ Rights Across Massachusetts
IMPORTANT DISCLAIMER: This blog post is for informational purposes only and does not constitute legal advice. The scenario described is hypothetical and for illustrative purposes. Every situation is unique, and you should consult with a qualified attorney about your specific circumstances. The financial figures presented are examples and actual damages will vary based on individual facts.
Can a landlord legally charge tenants for water in Massachusetts?
Only if the landlord meets strict legal requirements. Massachusetts law allows water billing only when proper submetering, Board of Health certification, and a written water billing addendum are in place.
What documents must a landlord provide before charging for water?
A landlord must provide a Board of Health certificate approving water submetering, a written water or sewer addendum, and documentation showing that the unit has a dedicated submeter.
Is a lease clause saying “tenant pays water” enough?
No. A lease clause alone is not sufficient. Without compliance with Massachusetts General Laws Chapter 186, § 22 and 940 CMR 3.17, water charges are illegal even if the lease requires payment.
What can a tenant recover if a landlord charged illegally for water?
Tenants may recover refunds for actual overcharges, such as irrigation water they never used, nominal damages for technical violations, attorney’s fees, and potentially double or treble damages under Chapter 93A if violations were willful.
