QUESTION
Can I legally shut off cable/internet on a tenant I'm evicting?
Asked on Dec 29th, 2013 on Landlord and Tenant Law - Massachusetts
More details to this question:
I live in Boston and am evicting my tenant for nonpayment of rent plus utilities. He has until the 31st to pay me in full, and then my lawyer will get a court date for the eviction. I’ve been fronting the mortgage and all utilities for what is about to be 4 months now, and on top of it I've been on unemployment for all 4 months. I'm hemorrhaging money and don't want to keep dipping into my savings to pay for his ability to use the cable and internet. My question is can I legally turn off Comcast on both of us, or at least takes the internet away? In the lease agreement it says tenant is responsible for cable, but does not mention internet specifically, and since I am also living there we share the utilities. This would save me $175/mo which I really need right now. Any advice is appreciated.
1 ANSWER
Land Use & Zoning Attorney serving Boston, MA
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Greenbaum, Nagel, Fisher & Paliotti, LLP
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First, I have to wonder why you are not asking your lawyer this question. In any event, the law says that if you agree to supply a particular utility to a tenant, you cannot stop providing without a court order. This does not include cable and internet unless there is a specific agreement to that effect. Under these circumstances if you are terminating for both yourself and your tenant, and you do not have a specific provider agreement, it would appear that your provision of this service is entirely voluntary. I would give the tenant notice however before terminating.
Answered on Jan 02nd, 2014 at 10:57 AM