Is my tenant responsible for paying for heat and electricity in common areas front hallway and basement?

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Is my tenant responsible for paying for heat and electricity in common areas front hallway and basement?

My lease reads ‘Tenant shall be
responsible for arranging and paying
for all utility services required on
the Premises. The Tenant shall arrange
to have the utilities transferred into
Tenant’s name prior to occupancy, and
shall be responsible for paying the
following utility services gas,
electric and heat’

The lease does not state anything about
the common areas.

Asked on November 29, 2017 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In New Jersey, tenants do not pay utilities (e.g. heat, electric, water, etc.) for common areas: they only pay for the actual leased premises (i.e. the apartment or unit they rent). The landlord has to provide utilities for any common areas and also for any space used by or reserved to the landlord him/herself. I have practiced landlord-tenant law for 7 years in New Jersey and have never seen a judge order a tenant to pay common area utilities.


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