QUESTION
Is it legal for a landlord to turn the utilities off when people are living at a place?
Asked on Jan 22nd, 2013 on Landlord and Tenant Law - Nevada
More details to this question:
They have small children in the home. Can they be held responsible for this? My son and his girlfriend are renting a place. When they rented it, the landlord told them they could keep the utilities in her name until they could get it over in to theirs. Well last month, they were running late on paying the bill. Now it was not due as of yet but they went and had it turned off on then (water and Electricity). They got it paid, talked to the landlord and told her as soon as they get their income tax back, they will have it put in their name. She did tell them they could wait until then. Here we go again. They told my son if the electricity was not paid by 1/20/13 by noon that it will be turned off, that would leave the children with any way of staying warm or a way for them to cook. What I am trying to ask is can she do this or can she get in to trouble?
5 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Look, your son told the landlord he would get the utilities transferred to his name. He didn't do it. And he didn't pay the bill. Your son needs to grow up and be responsible for his own life. If he can't, then maybe his family should move back in with you.
Answered on Jan 28th, 2013 at 5:24 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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If you are in North Carolina, the landlord can be held responsible for an "illegal eviction" for doing this...depending on what the lease says. If the lease says that the landlord will be responsible for electricity, this is illegal to do. If the lease says the tenant is responsible for the electricity and oral agreed to keep it in the LL's name...it makes the case a little tricker. You can still sue but you have to convince the magistrate who will hear the case of the damages...the reason is that if the tenants had put the bills in their name, they would be facing a turn off themselves. You may want to consult a LL-tenant lawayer in your area to see if you can sue for damages...but its not likely under these facts due to the non payment depending on what the lease says.
Answered on Jan 28th, 2013 at 5:24 PM
No, the utilities can not be turned off and render the property uninhabitable.
Answered on Jan 28th, 2013 at 5:24 PM
Lisa Hurtado McDonnell
If the lease say the tenants are responsible to pay the utilities they are responsible for their payment and it is legal for landlord to tell the utility company that the tenant are responsible for the utility payment. It is my experience that the Utility companies give the tenant a couple days before to shut off utilities. It seem that landlord is not agree to pay their utility bills only allowing them to kept in her name but their still responsible to pay the bill and switching the service over to their name as soon as they can.
Answered on Jan 28th, 2013 at 5:24 PM
What the Landlord is doing is wrong, and illegal in many states. Your family could sue, but would need to prove damages. Also, you could complain to the child welfare division of the state
Answered on Jan 28th, 2013 at 5:23 PM