QUESTION
My tenants are 2 months delinquent on rent. Additionally, they are 2 months delinquent on paying water bill that is in my name. Can I turn off water
Asked on Jan 07th, 2017 on Real Estate - California
More details to this question:
Because my tenants had bad credit, we agreed to keep the water in our name, but that they would be responsible for paying the bill. They paid the bill for several years, but recently stopped paying both rent and water. By the way, they are delinquent on their electric bill by 3 months, and we have been told that the electric will be turned off within the week. To avoid a larger water bill, we would like to turn off services that are in our name that they are responsible for paying. Are we allowed to do this?
1 ANSWER
No, you cannot turn off the utilities. The law treats that the same as changing the locks or having large goons physically remove the tenants from the home.
You need to start the eviction process right now. If they have already spent the rent and utilities money for the last 2 months, they are never going to be able to dig themselves out of that hole. The eviction process takes at least 2 months, usually longer. Even if you win and get a judgment for the unpaid rent, utilities, and reimbursement for your legal fees and expenses, are you ever going to be able to collect them from these tenants?
Evicition lawsuits are very technical. Since the tenants are going to lose their home and almost always are not represented by an attorney, the process and the judges will enforce every rule against the landlord. Any mistake can make you start the whole process all over again. Even lawyers make mistakes. Use an attorney with experience with evictions.
Whenever a tenant is late with the rent, you need to have them formally served with a legal 3-day-notice-to-pay-rent-or-quit. You are not doing them any favor by letting them get further behind.
Dana Sack
Answered on Jan 08th, 2017 at 11:35 AM