Cal. Civ. Code § 1940.9
California Civil Code
Operative Text
(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.
Cal. Civ. Code § 1940.9 addresses situations where a tenant's utility meter covers areas beyond that tenant's own dwelling unit, such as common spaces or other units. When a landlord knows this condition exists, the law requires disclosure to the tenant before or at the start of the tenancy, or upon discovery. The landlord and tenant must then reach a written agreement on how the cost of that extra service will be handled, whether through direct reimbursement, a shared-cost arrangement, or the landlord taking over as the account holder for the meter.
Plain English — not legal advice.
Under Cal. Civ. Code § 1940.9, compliant operators disclose in writing any known condition where a tenant's meter serves areas outside that tenant's unit, and they do so before the tenancy begins or as soon as the condition is discovered. A written agreement addressing how those extra utility costs are allocated is a standard part of the lease process when such a metering arrangement exists. Operators commonly document this disclosure and the agreed payment arrangement in the lease or a separate addendum to establish a clear record.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Civ. Code § 1940.9 gives tenants the right to be informed if their utility meter is covering costs for areas outside their own unit, and to have a written agreement in place about who pays for that extra usage. If a landlord fails to make this disclosure or reach a written arrangement, the statute allows an aggrieved tenant to bring a court action seeking remedies such as reimbursement for utility costs paid on behalf of areas outside the unit. Tenants who believe this provision has been violated may also consult a local tenant-rights organization or a rent board, if one applies in their jurisdiction, to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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