Understanding Bill Responsibility: Improper Use or Utility Tap

If your utility bill is very high, check to see if there is a “utility tap.” A utility tap means you’re paying for someone else’s utility services or a common area but you didn’t agree to do that. Some examples of utility taps: your neighbor’s unit is hooked into your meter; you’re paying for the electricity in a common area; or the hot water for the entire building is on your gas bill. 

Step 1: Contact Landlord 

If you think there’s a utility tap, contact the landlord. Under Illinois law, a landlord needs to let the tenant know if they are responsible for paying any common area service. This includes paying for other units. 

• The landlord must remove the tap if you don’t agree to it. 
• If you end up getting stuck with the bill in your name because of your landlord's mistake, you can ask them to pay you back for it. 765 ILCS 735/1.3.

Step 2: Contact the Utility Company 

Let’s say the landlord denies a utility tap. You can ask the utility company to investigate. This must be within 30 days after you receive the bill. After inspecting the meter, they should issue a report. This will determine the presence of the utility tap. The report should indicate if the landlord benefits from the usage of the utility service. Make sure you save this report. 

Step 3: Contact the Illinois Commerce Commission (ICC)

If the utility company does not inspect the claim, call ICC for help at (800) 524-0795.

You can also file a complaint with the ICC regarding over-billing. To learn more about filing a complaint, click here.

Step 4: Contact the Landlord 

Once the utility company determines a utility tap exists, consider sending the landlord a written notice. State you are paying for additional utilities. If your landlord is willing to work something out, proceed with negotiations.

Step 5: Contact the Utility Company Again

If your landlord does not respond to your notice, send a letter to the utility company. In this letter you should state that you will not be responsible for extra charges.

The utility company is allowed to charge the customer receiving service from the illegal tap. The utility company must prove that:

• Tampering has occurred with the utility's wires, pipes, meters, or other service equipment,
• The customer has benefited from the tampering, and 
• The utility's billing is reasonable.

Step 6: Sue the Landlord

If the landlord doesn’t compensate you for the utility tap, you can sue the landlord. But here's the catch: you have to prove that the bill you got wasn't because of anything you did wrong. 

• If you can show that the bill isn't fair because it includes charges for things that aren't related to your place, your landlord has to pay you back for 100% of those unfair charges.
• But if the bill also covers stuff you did use, like your own apartment, the amount your landlord has to pay you back gets reduced by however much you used.
• If the court finds out that your landlord knew they were breaking the rules on purpose, they might even make them pay you extra money
• If the court decides the landlord needs to pay more than $3,000 for the utility bills, they might also have to cover your legal costs and pay for your lawyer.

These rules only apply to things that happened after July 1, 1992. Anything before that date doesn't count. And remember, this doesn't change the relationship between you and the utility company.

Keep being informed and standing up for your rights!