Utilities (by Ginny [CT]) Oct 17, 2016 11:16 AM
Utilities (by S i d [MO]) Oct 17, 2016 11:33 AM
Utilities (by plenty [MO]) Oct 17, 2016 3:57 PM
Utilities (by Vee [OH]) Oct 17, 2016 7:12 PM
Utilities (by Ginny [CT]) Posted on: Oct 17, 2016 11:16 AM Message:
State Specific Question About: CONNECTICUT (CT)
Tenant had a year's lease. Didn't renew. Do have a hold-over clause which states that all aspects. aside from now being a month to month lease, still apply. The Utilities clause states that it is the tenant's responsibility for payment of all utilities (electric, gas, water) incurred during their residency.
Dropped off a note mid September was leaving effective October 31st. Movers came on October 15th but no keys or note was left. However, I did receive a note from my electric company that service was being transferred into my name effective the 16th. Two questions: First, since I don't have the keys is the tenant still considered in residency? Secondly, when I get the keys does that mean I am responsible for the utilities even though she paid the months rent? For my next lease I will change the wording that the utilities must remain on during the rental period and may not be turned off. Does anyone have a better way to phrase this? --50.138.xxx.xxx |
Utilities (by S i d [MO]) Posted on: Oct 17, 2016 11:33 AM Message:
Hi Ginny, there are several issues in this post, so I'll focus on the utilities aspect first. You can say whatever you want in your lease, but the bottom line remain if the tenant contacts the utility company and requests a shut off then they WILL put them back into your name. That's how it works. Your only option at that point is to sue the tenant for breach of lease OR to deduct the amount of the utilities they were responsible for from the deposit. That is to say, when people misbehave, the words of the lease will only help you if you're in court or have the $$$ from the deposit to make yourself whole without going to court. There is no magic lease language that makes people do the right thing. Only a judge can do that, but I prefer to stay out of court unless we're talking at least $500.
As far as abandonment and possession goes, your state's laws must be consulted. In Missouri, the law states that until keys are handed over, possession stays with the tenant unless a judge says the tenants have forfeited possession (i.e. awarded me possession via an eviction suite). That's the LEGAL answer. The practical answer is once the tenants are gone, their major stuff is out, and the utilities are switched off....I take possession and get it cleaned and rented. In 11 years of doing it this way I have never had a problem. This is not a guarantee it will work for you: it's just how I do it. I recommend consulting a local, experienced, land lord/tenant attorney to find the answer for your state. --173.19.xx.xxx |
Utilities (by plenty [MO]) Posted on: Oct 17, 2016 3:57 PM Message:
So they paid October rent? But now utilities are in your name ? I'd post for abandonment and take pictures and clean it up and re rent. Keep moving forward --97.91.xxx.xx |
Utilities (by Vee [OH]) Posted on: Oct 17, 2016 7:12 PM Message:
Why does it switch to your name, you get what you allow but short term you may not get accurate bill but take away from security deposit as Sid mentioned. --76.188.xxx.xxx |
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