QUESTION

Is it legal for a landlord to have your power disconnected?

Asked on Apr 02nd, 2012 on Landlord and Tenant Law - Massachusetts
More details to this question:
Is it legal for a landlord to get mad at a tenant and have their power disconnected and always has been, but tenant is responsible for paying the bill, and the bill is paid in full and up to date with a zero balance?
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10 ANSWERS

Business Agreements Attorney serving Rohnert Park, CA at The Jackson Law Firm, P.C.
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Are you a commercial or a residential tenant? Who is the subscriber of the energy service?
Answered on Jul 02nd, 2013 at 1:02 AM

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Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
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No.
Answered on May 30th, 2013 at 2:27 AM

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Jeffrey Marc Siskind
Yes.
Answered on May 30th, 2013 at 2:26 AM

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Adoption Attorney serving Yukon, OK at The Jordan Law Firm
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I believe Oklahoma Title 41 Section 121 speaks about to the fact a Landlord cannot willfully or negligently supply electric. The statute itself reads: C. Except as otherwise provided in this act, if, contrary to the rental agreement or Section 18 of this act, the landlord willfully or negligently fails to supply heat, running water, hot water, electric, gas or other essential service, the tenant may give written notice to the landlord specifying the breach and thereafter may: 1. Upon written notice, immediately terminate the rental agreement; or 2. Procure reasonable amounts of heat, hot water, running water, electric, gas or other essential service during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent; or 3. Recover damages based upon the diminution of the fair rental value of the dwelling unit; or 4. Upon written notice, procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance.
Answered on Apr 04th, 2012 at 11:42 AM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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No. You don't have to pay rent for that period and can sue for any damages.
Answered on Apr 04th, 2012 at 10:38 AM

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Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
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No it is illegal
Answered on Apr 03rd, 2012 at 5:08 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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That is called a "constructive eviction" as it makes the rental uninhabitable. Such self-help actions are normally frowned upon by the law, however there are other issues. Do you have a lease or rental agreement, are you current on that as well as the power bill? There is not enough information to give any firm advise or opinion. You will have to provide a full exposition of the facts and should see an attorney.
Answered on Apr 03rd, 2012 at 12:44 PM

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It is not legal for a landlord to have any utilities disconnected with the intent of terminating the tenancy. The Civil Code provides that a tenant may bring a civil action for damages which includes penalties and attorney's fees. You should consult a real estate attorney familiar with landlord tenant matters to assist you.
Answered on Apr 03rd, 2012 at 12:43 PM

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The short answer is yes and no. Assuming the electricity is in the landlord's name, the landlord may have a general right to have the electricity disconnected. But, if your lease states that the landlord will keep the electricity in his name, and you have paid the electricity, then you may have a cause of action for either damages or constructive eviction. Even if your lease does not state this, you still may have an action. Generally speaking, your landlord has a duty to insure your rental property is livable. This would include such "essentials". When the landlord does not meet that responsibility, the law may treat this as though the landlord has evicted the tenant. Whether that eviction is fair or not depends on the specifics of the situation. Also, note that this answer assumes the landlord called the electricity company and disconnected your power; if your landlord actually cut your power lines, flipped your breaker, or removed fuses, you might have a much stronger argument.
Answered on Apr 03rd, 2012 at 11:55 AM

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General Practice Attorney serving Woburn, MA at AyerHoffman, LLP
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This type of self-help by the landlord is expressly forbidden by most states' housing statutes. You should consult with a landlord-tenant attorney about the potential grounds for suit you have against the landlord. Depending on the laws of your state, you may also be able to file a criminal complaint.
Answered on Apr 03rd, 2012 at 11:52 AM

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