 Water Shut Off (by Katie [MO]) Jul 15, 2010 10:48 AM
 Water Shut Off (by Carolyn [MO]) Jul 15, 2010 10:52 AM
Water Shut Off (by Katie [MO]) Jul 15, 2010 11:27 AM
Water Shut Off (by John... [MI]) Jul 15, 2010 11:45 AM
Water Shut Off (by Martin [MO]) Jul 15, 2010 12:02 PM
Water Shut Off (by BLUE [IL]) Jul 15, 2010 12:17 PM
Water Shut Off (by Katie [MO]) Jul 15, 2010 12:23 PM
Water Shut Off (by Katie [MO]) Jul 15, 2010 12:24 PM
Water Shut Off (by John... [MI]) Jul 15, 2010 12:30 PM
Water Shut Off (by 574-Brad [IN]) Jul 15, 2010 2:13 PM
Water Shut Off (by Opinionated [NC]) Jul 15, 2010 3:51 PM
Water Shut Off (by Reid [KS]) Jul 15, 2010 5:45 PM
Water Shut Off (by Chris [CA]) Jul 15, 2010 6:36 PM
Water Shut Off (by Virden [OH]) Jul 16, 2010 6:14 AM
Water Shut Off (by billy [MA]) Jul 16, 2010 6:33 AM
Water Shut Off (by Martin [MO]) Jul 16, 2010 4:36 PM
Water Shut Off (by Mike45 [NV]) Jul 16, 2010 6:02 PM
Water Shut Off (by Katie [MO]) Posted on: Jul 15, 2010 10:48 AM
Message:
State Specific Question About: MISSOURI (MO)
Ok the owner of the apartment had the water shut off to a tenants apartment due to non payment. She then had to stay at a hotel long Story my question is will I or the owner receive trouble for doing this? --99.109.xxx.xxx |
Water Shut Off (by Carolyn [MO]) Posted on: Jul 15, 2010 10:52 AM
Message:
What is your part in the situation? Are you a property manager?
Generally shutting off water to an apartment is considered a constructive eviction - not allowed!
Even if a tenant owes money, the owner can not shut off utilities. If the tenant chooses to sue, the owner could end up being liable for a large settlement.
If I were trying to amooth things over without suit, I would immediately get the water back on and pay for the tenant's hotel bill. Then I would follow the appropriate legal remedy for a tenant that owes money - filing in court. --205.188.xxx.xx |
Water Shut Off (by Katie [MO]) Posted on: Jul 15, 2010 11:27 AM
Message:
Even if the water is included in the lease??? --99.109.xxx.xxx |
Water Shut Off (by John... [MI]) Posted on: Jul 15, 2010 11:45 AM
Message:
Who are you again?? As asked above, you've not explained how you fit into this at all.
That being said, if the water is included in the lease -- meaning that the LL is responsible for it -- and the LL has it shut off. Then, yes, that is illegal.
- John...
--207.241.xxx.xx |
Water Shut Off (by Martin [MO]) Posted on: Jul 15, 2010 12:02 PM
Message:
Katie, I'd say you could easily have a serious problem, depending on what happens next. --66.136.xxx.xxx |
Water Shut Off (by BLUE [IL]) Posted on: Jul 15, 2010 12:17 PM
Message:
We need full details to give you good advice.
Is the water on separate meters and the LL supplies it? Or is it city water and the tenant is supposed to pay for it? --99.152.xx.xx |
Water Shut Off (by Katie [MO]) Posted on: Jul 15, 2010 12:23 PM
Message:
I am the apartment Manager, Thats how i am involved and thank you for being concern about that john.
She signed a lease agreement which included water for a extra cost, We do not ever do this but she was a special mistake. Anyway she was supposed to get the electric turn over in her name and didn't. We caught it and charged her for the cost and then she stopped paying rent which included the water. We never stopped her from getting it in her name.... So what I'm gathering from the net and comments is the owner was supposed to just keep paying he water and take the hit? --99.109.xxx.xxx |
Water Shut Off (by Katie [MO]) Posted on: Jul 15, 2010 12:24 PM
Message:
Yes every unit has separate meters. city water --99.109.xxx.xxx |
Water Shut Off (by John... [MI]) Posted on: Jul 15, 2010 12:30 PM
Message:
No, the owner was not supposed to just "take the hit". The owner was supposed to keep paying the water (since that is what the lease says) and EVICT FOR NON-PAYMENT OF RENT.
Again, it is a self-help eviction. You cannot simply start turning off utilities that are under your part of the lease. If the lease includes electric, then you can't cut it off. If it includes water, then you can't cut it off. Period.
Things in THEIR name that get cut off, fine. But things in YOUR name cannot be cut off.
I'd turn it back on ASAP and start the proper eviction process.
- John...
--207.241.xxx.xx |
Water Shut Off (by 574-Brad [IN]) Posted on: Jul 15, 2010 2:13 PM
Message:
"but she was a special mistake."
I guess so. Why in the world would you put the water in your name with seperate meters? --66.228.xxx.xxx |
Water Shut Off (by Opinionated [NC]) Posted on: Jul 15, 2010 3:51 PM
Message:
A competent manager would already know the answer to the question. --66.226.xx.xxx |
Water Shut Off (by Reid [KS]) Posted on: Jul 15, 2010 5:45 PM
Message:
As the manager you open yourself to certain liabilities so it would really be to your best interest to go to the top of this page to LL/Tenant state Laws and read all you can Re; Missouri. Your Job may depend on it . --70.244.xx.xxx |
Water Shut Off (by Chris [CA]) Posted on: Jul 15, 2010 6:36 PM
Message:
Bad situation - time to bring out the peace pipe. Get the water back on pdq!! Then evict for non-payment of rent. This starts by serving the proper notice. You are new at this job?
This trouble highlights a major mistake in the whole set up. Tenants must have utilities in their name. (I'm having the same issues as the renters in my biggest house with 4950 ft and a pool somehow "forgot" to switch utilities). Irish uses his speaker phone and calls to transfer utilities once they are approved. You got to find a way to ascertain this - or else the owner will continue to encounter scheming and thieving tenants.
My executive tenant shows her true colors. somehow every time she "forgets" something she benefits financially. Like someone stuffing things into a jacket and walking through the check out as a thief does. Ask hotel managers about what guests "by mistake" take with them!!
the very worst tenants have had their run ins with the utility companies and won't get service without paying past due bills and a HUGE deposit. This is part of screening and helps you reject 1 second before noon. --125.25.xxx.xxx |
Water Shut Off (by Virden [OH]) Posted on: Jul 16, 2010 6:14 AM
Message:
Very well put --> Water Shut Off (by Opinionated [NC]) Posted on: Jul 15, 2010 3:51 PM
Message:
A competent manager would already know the answer to the question.
Time for Katie to visit some investor meetings, housing court or business school. --76.241.xxx.xxx |
Water Shut Off (by billy [MA]) Posted on: Jul 16, 2010 6:33 AM
Message:
dangerous to shut off utilities if tenant doesnt pay.ive never done it.often illegal.state law prevails. --173.14.xxx.xxx |
Water Shut Off (by Martin [MO]) Posted on: Jul 16, 2010 4:36 PM
Message:
I've done it before but I knew the risk --66.136.xxx.xxx |
Water Shut Off (by Mike45 [NV]) Posted on: Jul 16, 2010 6:02 PM
Message:
I would get the water turned back on immediately. I would consider waiting until next month before starting an eviction, because the act of turning off the water is SO HORRIBLE for the LL. It COULD result in the LL losing the eviction.
Maybe if you wait a month, you can pretend next month that the water was not turned off deliberately to punish the T for not paying rent.
--216.240.xx.xxx |
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