Past due rent and utilities - Landlord Forum thread

Past due rent and utilities by Anthony (Washington) on June 13, 2012 @19:22

Hello all,
I have a tenant renting a house for over a year now. The rent is now past due for 13 days. I have disconnection notices from the electric, gas and water companies due to non payment. The tenant has not contacted nor replied to my text msgs or voicemails. I called the tenant's work and left a message. I almost instantly got a reply back from the daughter stating that the parent is ill and wanted to know what she can do to help. This is the second time this has happened where the daughter was that one replying back. Anyway, I am all new to this situation and wondering what is my next recourse.

I don't have the funds to cover the utilities to prevent disconnection. Should I just let the disconnection happen?
I already informed the tenant several times about it.

I'm still researching how to go about the eviction process and how to collect the funds.

I think I have all the right to proceed with getting rid of the tenant and collect the funds owed at this point.
The lease agreement is on a month to month now since it expired 2 months ago. Any advice will be greatly appreciated. Thanks

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Re: Past due rent and utilities by Jake on June 13, 2012 @19:49	[ Reply ]

"I almost instantly got a reply back from the daughter stating that the parent is ill and wanted to know what she can do to help." I hope you replied that paying the rent and utilities would help. Sorry to tell you this but if the utilities are in your name, you can not turn them off or allow them to be turned off because of nonpayment. Post a pay or quit notice in the morning that list the total rent plus utilities that need to be paid right now. If the pay or quit notice expires without a payment you must file immediately for an eviction. See a lawyer if you need to but do it now.

Re: Past due rent and utilities

Re: Past due rent and utilities by Anonymous on June 13, 2012 @22:10	[ Reply ]

I would get ready to evict but first you may tell them they just need to vacate. Call the daughter back and tell her that they need a new place to go. You may want to mention the past due bills.

Ques for Jake and Others by Anonymous on June 14, 2012 @01:55	[ Reply ]

If the water and sewer and electricity are all in the tenant's name, and they do not pay and end up owing for a few months, and then the utilities are cut off, who has to pay that bill? The landlord? If the water is cut off for non-payment, and water is a habitability issue, does that bill fall on me to pay and to get the water back to the house? Thanks! (oh, I'm not the OP)

Re: Ques for Jake and Others

Re: Constructive eviction by Bryan (Ia) on June 14, 2012 @07:59	[ Reply ]

If the LL provides the utilities (they are in his/her name) then under no circumstances can they be turned off, even for nonpayment. To disconnect or allow them to be disconnected is seen as as form of constructive eviction by most courts.

keys for cash by Julie in PA on June 14, 2012 @09:13	[ Reply ]

I know you don't have any money for the utility bills but you should still have the T's security deposit, right? I have done this technique called "keys for cash" and it works EVERY TIME (so far). I tell the tenant that I will give them their security deposit back in cash if they are 100% moved out in 3 days and they leave the place very clean. I come on the move out date, inspect the place and if it's NOT very clean I'll take out a little to finish the job, give them their cash, have them sign a security deposit release form and they're out. They need the money to move and find a new place. Since most of my tenants are judgment proof, this is less expensive than an eviction if you include fees and lost rent. NEVER EVER leave the utilities in your name (did that once and got stuck with a $1000 water bill). Either put them in the T's name or incorporate them into the monthly rent.

Water bill correction