Cal. Civ. Code § 1
Utility payments; termination and restoration of service. Whenever, pursuant to any agreement, either written or verbal, a landlord or his or her agent is required to pay for any water, gas or electrical service, the landlord shall pay for the services to ensure that the services are available to the tenant throughout the term of the lease and shall pay for the services in a timely manner so as not to cause an interruption of the services. If the landlord or his or her agent does not pay for such service, the tenant, or tenants in the event more than one tenant is served by a common system of water, gas or electrical service, including electrical service to common areas, which goes through a common meter in a single building, may either (i) terminate the lease; however, the termination of the lease under this Section does not absolve the landlord or tenant from any obligations that have arisen under the lease prior to its termination under this Section; or (ii) pay for such service if the nonpayment jeopardizes the continuation of the service to the tenant or tenants, as the case may be. The utility company shall not terminate service for such nonpayment until the utility company mails, delivers or posts a notice as specified in Section 3 to all tenants of buildings with 3 or more residential apartments. Upon receipt of such payment of the past due cost of such water, gas or electrical service owed by the landlord, the provider of such service shall immediately restore service to such tenant or tenants. In the alternative, the provider of such service shall immediately restore and continue such service to any tenant who
Operative Text
Utility payments; termination and restoration of service. Whenever, pursuant to any agreement, either written or verbal, a landlord or his or her agent is required to pay for any water, gas or electrical service, the landlord shall pay for the services to ensure that the services are available to the tenant throughout the term of the lease and shall pay for the services in a timely manner so as not to cause an interruption of the services. If the landlord or his or her agent does not pay for such service, the tenant, or tenants in the event more than one tenant is served by a common system of water, gas or electrical service, including electrical service to common areas, which goes through a common meter in a single building, may either (i) terminate the lease; however, the termination of the lease under this Section does not absolve the landlord or tenant from any obligations that have arisen under the lease prior to its termination under this Section; or (ii) pay for such service if the nonpayment jeopardizes the continuation of the service to the tenant or tenants, as the case may be. The utility company shall not terminate service for such nonpayment until the utility company mails, delivers or posts a notice as specified in Section 3 to all tenants of buildings with 3 or more residential apartments. Upon receipt of such payment of the past due cost of such water, gas or electrical service owed by the landlord, the provider of such service shall immediately restore service to such tenant or tenants. In the alternative, the provider of such service shall immediately restore and continue such service to any tenant who (a) requests that the utility put the bill in his or her name; (b) establishes satisfactory credit references or provides for and pays a security deposit pursuant to the rules and regulations of the Illinois Commerce Commission applicable to applicants for new utility service; and (c) agrees to pay future bills. Any sums the tenant or tenants, as the case may be, pay for water, gas or electrical service that the landlord or his or her agent was required to pay may be deducted from the rent due by the tenant or tenants, and the total rent is diminished by the amount the tenant or tenants, as the case may be, have paid for the continuation of the water, gas or electrical service.
Under 765 Ill. Comp. Stat. 735 § 1, when a lease agreement — written or verbal — places responsibility for water, gas, or electrical service on the landlord, that landlord must pay those utility bills on time and in full so service remains uninterrupted for tenants throughout the lease term. If the landlord fails to pay and service is at risk, tenants may either terminate the lease or step in and pay the overdue bill themselves, then deduct that amount from future rent. Utility companies serving buildings with three or more residential apartments must provide advance notice to all tenants before cutting off service for a landlord's nonpayment, and must restore service promptly once the past-due amount is paid or a tenant arranges to take over the account.
Plain English — not legal advice.
Under 765 Ill. Comp. Stat. 735 § 1, operators who have agreed — in writing or verbally — to cover utility costs for tenants are expected to make those payments on time and in full for the entire lease term. A compliant property manager typically tracks billing cycles for water, gas, and electrical accounts, ensures payments are submitted before due dates, and maintains records confirming timely payment to avoid any service interruption. Failure to do so can give tenants the right to terminate the lease or pay the utility bill themselves and deduct that cost directly from rent, reducing the total rent owed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
765 Ill. Comp. Stat. 735 § 1 gives tenants meaningful protections when a landlord who agreed to pay utilities fails to do so. If nonpayment puts service at risk, tenants generally have the option to either end the lease without waiving claims for prior obligations, or pay the overdue bill themselves and subtract that amount from rent owed. Tenants who believe their landlord is violating this provision may want to document the nonpayment, contact the utility company about restoring or transferring service into their own name, and reach out to a local tenant-rights organization or the Illinois Attorney General's office for guidance on available remedies.
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 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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