Water bill split by apartment not by tenant - is this fair?

Disclaimer: The question below was submitted by a reader. Names have been anonymized. The information provided is for general informational purposes only and does not constitute legal, financial, or professional advice. Individual circumstances vary, and readers should contact their service provider directly or consult a qualified professional for advice specific to their situation.

Toni, California November 13, 2023

My landlord is splitting the Water usage by apartment and not by individual tenant… I'm one tenant and I'm 65 years old and there are two tenants minimum and each of the other units and I want to know if they get to equally split the water charge or should it be split out by tenant per apartment? In other words if there are 10 people in four apartment buildings, how should that be split?

ConnectCalifornia followed up with Toni requesting more information

ConnectCalifornia Expert November 13, 2023

Hi Toni, thanks for writing in. I understand why this feels unfair - paying the same as a family when you're living alone. To help me give you the most accurate advice, could you tell me what your lease says about how water charges are calculated? Also, do you know roughly how much you're being charged per month for water?

Toni, California November 14, 2023

My lease just says I pay a share of the water bill but doesn't say how they calculate it. I'm paying about $45 a month which doesn't sound like a lot but it adds up on a fixed income. The family of four next door told me they pay the same $45. That's what bothers me.

ConnectCalifornia Expert November 15, 2023

I get the frustration. Paying the same as a family of four when you’re one person living alone feels obviously unfair - because it kind of is, even if it’s not technically illegal.

California doesn’t require landlords to split water any particular way. They can divide by unit, by number of people, by square footage, or use a formula called RUBS. What matters is that whatever method they use should be spelled out in your lease. Check what yours says.

If the lease doesn’t specify, or if it’s vague, you might have room to push back. Even if it does say per-unit, nothing stops you from asking to renegotiate at renewal time. “I’m a single senior paying the same as units with two or three people - can we work something out?” Landlords don’t always say yes, but reasonable ones sometimes do.

It also helps to ask for copies of the actual water bills. You want to verify the total makes sense before worrying about how it’s divided.

One more thing: if there are other single-occupant units in your building who feel the same way, there’s more negotiating power in numbers than going it alone.

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