 Utilities during eviction (by Mariah [SD]) Feb 21, 2014 5:43 PM
 Utilities during eviction (by Nellie [ME]) Feb 21, 2014 6:09 PM
Utilities during eviction (by Robert,Ontario,Can [ON]) Feb 21, 2014 6:49 PM
Utilities during eviction (by S i d [MO]) Feb 22, 2014 3:44 AM
Utilities during eviction (by Pattyk [MO]) Feb 22, 2014 4:46 AM
Utilities during eviction (by V [OH]) Feb 22, 2014 5:00 AM
Utilities during eviction (by Mariah [SD]) Feb 22, 2014 2:13 PM
Utilities during eviction (by Nellie [ME]) Feb 22, 2014 2:25 PM
Utilities during eviction (by Cal [NY]) Feb 22, 2014 4:24 PM
Utilities during eviction (by Mariah [SD]) Feb 22, 2014 8:01 PM
Utilities during eviction (by RentsDue [MA]) Feb 23, 2014 6:02 AM
Utilities during eviction (by Mike SWMO [MO]) Feb 23, 2014 4:51 PM
Utilities during eviction (by Mariah [SD]) Posted on: Feb 21, 2014 5:43 PM
Message:
State Specific Question About: SOUTH DAKOTA (SD)
I am in the process of evicting a tenant and just got a notice from the power company that the power was switched into my name. This is almost surely because the tenant didn't pay. Can I shut off the power since the tenant agreed to pay in the lease? This is is South Dakota and he has two young kids. He has refused to answer the door when the process server went to serve him the Summons. --24.20.xxx.xxx |
Utilities during eviction (by Nellie [ME]) Posted on: Feb 21, 2014 6:09 PM
Message:
Doubtful. It would be considered constructive eviction. I'd be sure to present this information to the judge when you get to court, though.
The disadvantage of having the electric turned over automatically when the the tenants discontinue. Most of the time it is a nice convenience, but we can get burned using it. --70.16.xx.xxx |
Utilities during eviction (by Robert,Ontario,Can [ON]) Posted on: Feb 21, 2014 6:49 PM
Message:
If the tenant did not pay the utility then tell the utility not to switch the utility in your name as it was never in your name to begin with. The only problem here that the pipes may freeze. Try to prolong the time until the sheriff is going to arrive to change the locks. If future it is a lot easier not to allow a tenant into a rental unit without a thorough credit check on all adult applicants. Often if anyone has a problem paying a hydro electric bill or natural gas bill then rent sooner or later will be a problem as well. For problem tenants getting evicted is a way of life along with not paying utilities is a never ending story. When they tell they want a all inclusive apartment they are told if they owe money for utilities they are immediately disqualified for the rental unit so the rental unit will not be all inclusive. --74.220.xxx.xxx |
Utilities during eviction (by S i d [MO]) Posted on: Feb 22, 2014 3:44 AM
Message:
Mariah, I feel you pain. On the other hand, think of it this way: do you want your house/plex/apartment sitting with no light and no heat during the winter. A frozen/broken water pipe can cause many thousands of $$$ in damages, more than a $100 utility bill. And if you've never witnessed it, there are some "caveman" tenants who will continue to occupy a unit even with no running water or lights. Think of 3 weeks worth of human waste put into a toilet that won't flush. Yes, that can happen.
That's the practical side of the equation. As others have said, turning off the utils can mess with your eviction in some places. Talk to your attorney and get local professional advice on how to proceed. --108.250.xxx.xxx |
Utilities during eviction (by Pattyk [MO]) Posted on: Feb 22, 2014 4:46 AM
Message:
i would take along the utilities bills for the time period and tell it to the judge, he may award you the monies.
Call the utilities company and ask if you have a policy in place that automatically transfers back into your name >>>???
I don't subscribe to those for this reason. Usually the electric company will leave the utilities on for a grace period, the bill with the gas company just follows them around until it's paid.
I agree with Sid at this time of year, it's a small worry, would get the amounts and your paid receipts and show to the judge when you get infront of them for the eviction. Add it on. --173.113.xxx.x |
Utilities during eviction (by V [OH]) Posted on: Feb 22, 2014 5:00 AM
Message:
I hear this at area landlord meetings and always ask why would you do this, turn this feature off tomorrow morning. There is always some discussion about convenience, and my answer is why not let them live at your own house - it is really gonna cost you the same amount... --75.94.xxx.xxx |
Utilities during eviction (by Mariah [SD]) Posted on: Feb 22, 2014 2:13 PM
Message:
The reason I have the revert on in the first place is one tenant moved out and it didn't revert. 3 days later I had frozen pipes and it cost well over $1K to fix. --24.20.xxx.xxx |
Utilities during eviction (by Nellie [ME]) Posted on: Feb 22, 2014 2:25 PM
Message:
Well, there you go. Unfortunately it is one or the other. Automatic turnover prevents frozen pipes, etc., or the risk of paying for the tenants electricity. Hope your heat isn't electric. --70.16.xx.xxx |
Utilities during eviction (by Cal [NY]) Posted on: Feb 22, 2014 4:24 PM
Message:
Yeah tough situation. YOU cannot terminate the utilities but the power companies can.
Check your local law/ordinance but in my humble opinion you aren't personally responsible for their power/gas. The tenant is. However - as you and the other stated - you are now in the "pickle" of having a property that is not heated and pipes can freeze.
So if they are actually being evicted - how long is this going to be? Are you just starting or are you just "waiting out the time"?
Do you know if they actually left (so maybe it's not a shut off for non-payment of the utilities - it's I'm no longer living here shut off). I would find that out for sure if you don't know the answer. Maybe you do want it in your name and you can get the property back and start taking care of it.
If they are still there then when it comes to the actual eviction - make sure you ADD the amount of the bills to the court documents. You most likely are going to be eating it but at the same time you need to figure out if you want to just leave them in the cold to maybe get them to leave earlier or just pay.
I would contact an attorney if the utility company already contacted you but then I"m also thinking - why did the company just put it in your name? Call them and ask them what's going on (did the tenant request the power to be shut off or did the company just put it in your name because they didn't pay it). If it's the later - then decide what you want to do - I would look at the temp outside for the next few days/week and see if it's something you can just say "screw it - maybe they'll leave sooner if I just shut it off".
If the power company says "no, we can't do that - then tell THEM to pay for it!"
--74.78.xxx.xxx |
Utilities during eviction (by Mariah [SD]) Posted on: Feb 22, 2014 8:01 PM
Message:
They are definitely still living there. The utility company is not allowed to tell me why they shut it off for privacy reasons, but it's almost surely for non-payment. We saw the warning sign posted on the door that it would be shut off. --24.20.xxx.xxx |
Utilities during eviction (by RentsDue [MA]) Posted on: Feb 23, 2014 6:02 AM
Message:
Is the main in a common area? They have already gotten notice the power company was shutting them off. If the electricity doesn't work they will just assume it was shut off for non-payment. Most are not smart enough to check the main power switch. Be prepared for a nasty fridge. Nobody ever cleans out the food when they get the power shut off. --24.177.xxx.xx |
Utilities during eviction (by Mike SWMO [MO]) Posted on: Feb 23, 2014 4:51 PM
Message:
My question
If you saw the shut off notice would it have been better to just go and pay the bill for him so the utility would have stayed in the tenants name and maybe even pay it for the next two months until it warms up and then stop paying. You would be giving him 2 months free utilities but now you are giving him free utilities for how long if you can’t get him out.
--98.20.xxx.xxx |
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