Cal. Civ. Code § 410.210
Provision of Oil
Operative Text
The owner shall provide for the oil used for heating and/or hot water in each dwelling unit
unless:
(A) Oil is provided through a separate oil tank which serves only that dwelling unit; and
(B) The occupant is required to provide the oil under a written rental agreement.Under 105 Mass. Code Regs. § 410.210, the default rule in Massachusetts is that a property owner is responsible for supplying the oil used to heat a dwelling unit and its hot water. This obligation can shift to the occupant only when two conditions are both met: the unit is served by its own dedicated oil tank, and the rental agreement explicitly places the fueling responsibility on the tenant in writing. If either condition is absent, the owner retains the duty to provide oil.
Plain English — not legal advice.
Under 105 Mass. Code Regs. § 410.210, operators who wish to make tenants responsible for their own heating oil must satisfy both prongs of the exception — a separate tank serving only that unit and a clear written provision in the lease assigning that responsibility to the occupant. Owners who rely on a shared tank, or who have no written agreement addressing oil supply, remain obligated to furnish the fuel themselves. Maintaining documentation of tank configuration and lease terms is a common practice for demonstrating compliance with this standard.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 410.210 of 105 Mass. Code Regs. establishes that tenants generally have the right to have heating oil provided by their landlord unless a dedicated single-unit tank exists and a written rental agreement specifically requires the tenant to supply it. If a tenant believes their landlord is improperly withholding oil or shifting that cost without meeting both conditions, options may include filing a complaint with the local board of health, which enforces the Massachusetts Sanitary Code, or reaching out to a tenant-rights organization for guidance. Tenants may also be able to raise a violation of § 410.210 as a defense or counterclaim in relevant housing proceedings.
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 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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