From a Legal Perspective

The Civil Code does not explicitly state who must transfer utility contracts when a new lease begins. This obligation is therefore determined by agreement between the landlord and the tenant, or it may be stated directly in the lease agreement. In practice, two models are most common:

1. The landlord remains the contractual partner with the utility provider and charges the tenant advances on services (electricity, gas, water, internet) together with the rent. The landlord then settles the actual consumption once a year. This model is often used for short-term leases or when the landlord wants to maintain control over the property.

2. The tenant becomes the contractual partner with the utility provider and pays all bills directly. This is common with long-term leases, where the tenant has greater autonomy but also the responsibility to arrange the transfer of contracts and pay the invoices.

How the Transfer Works in Practice

If the tenant is taking over the utilities, it is necessary to:

• Contact the supplier (electricity, gas, water, heating, internet).

• Prepare the final meter readings from the day the lease starts.

• Submit the lease agreement or other proof of the legal right to use the property.

• Fill out the supplier’s transfer form (often available online).

Some suppliers require the termination of the original contract by the previous customer before they will sign a new one. Others allow a “change of customer” process, where the previous and new tenant sign a joint transfer form.

Risks of Neglecting the Transfer

If you fail to transfer the utilities in time, several issues may arise:

• The services may be cut off until the transfer is complete.

• You may inherit the previous customer’s debts if the supplier does not close the account properly.

• Disputes may arise between the landlord and tenant regarding the payment of advances and settlement of consumption.

That’s why it is advisable to handle the transfer immediately when taking possession of the apartment and document the meter readings in a handover protocol.

Landlord’s Perspective

If you are a landlord, clearly define in the lease who will be the contractual partner for utilities and when and how the transfer will take place. Always have the tenant confirm the final meter readings and, ideally, notify the supplier in writing about the change.

Lawyer’s Recommendation

As a lawyer, I recommend always including a detailed clause on utilities in the lease agreement. This will prevent disputes and allow you to prove who was responsible for what and when. For landlords, I advise retaining control over at least some services (e.g., water or heating) to avoid situations where a tenant’s non-payment threatens the supply to the entire building.