Can I Require a Tenant to Put the Gas Meter in the Tenant's Name?

Full question:

Hi, I have a duplex, and I would like my tenant to pay the gas. Unfortunately, the gas line is hooked up to his unit and a small part of mine. Can I ask him to put the meter which includes a small part of my unit in his name and when the bill comes due...pay him for my usage according to the bill? In the lease it states that he will pay gas charges.

• Category: Landlord Tenant
• Date: 04/07/2025
• State: California

Answer:

It is possible for you to make such an arrangement. To make changes to a lease already in effect, the tenant must agree to such changes. One party to a contract may not unilaterally change the terms after the contract has been formed. Otherwise, new or varying terms may be added to a lease at the time of renewal.

Please see the following CA statute:

1940.9. (a) If the landlord does not provide separate gas and
electric meters for each tenant's dwelling unit so that each tenant's
meter measures only the electric or gas service to that tenant's
dwelling unit and the landlord or his or her agent has knowledge that
gas or electric service provided through a tenant's meter serves an
area outside the tenant's dwelling unit, the landlord, prior to the
inception of the tenancy or upon discovery, shall explicitly disclose
that condition to the tenant and shall do either of the following:
(1) Execute a mutual written agreement with the tenant for
payment by the tenant of the cost of the gas or electric service
provided through the tenant's meter to serve areas outside the tenant'
s dwelling unit.
(2) Make other arrangements, as are mutually agreed in writing,
for payment for the gas or electric service provided through the
tenant's meter to serve areas outside the tenant's dwelling unit.
These arrangements may include, but are not limited to, the landlord
becoming the customer of record for the tenant's meter, or the
landlord separately metering and becoming the customer of record for
the area outside the tenant's dwelling unit.
(b) If a landlord fails to comply with subdivision (a), the
aggrieved tenant may bring an action in a court of competent
jurisdiction. The remedies the court may order shall include, but
are not limited to, the following:
(1) Requiring the landlord to be made the customer of record with
the utility for the tenant's meter.
(2) Ordering the landlord to reimburse the tenant for payments
made by the tenant to the utility for service to areas outside of the
tenant's dwelling unit. Payments to be reimbursed pursuant to this
paragraph shall commence from the date the obligation to disclose
arose under subdivision (a).
(c) Nothing in this section limits any remedies available to a
landlord or tenant under other provisions of this chapter, the rental
agreement, or applicable statutory or common law.

For further discussion, please see:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1940-1954.1