tenant had utilities shutoff, What about my house?

tenant had utilities shutoff, What about my house? by Mike L (NY) on September 25, 2014 @10:25

Left for work this morning from my duplex to find the 1st floor tenant (yearly lease aug-sept), talking to a Nat'l Grid guy about his power. I didn't stay for the whole thing, but It sounded like they've had it off before and it was back on but wasn't supposed to be... I'm guessing the former electrician of a tenant just went in and turned it back on himself, prompting this little visit.

I'm somewhat familiar what the law in NYS covers regarding the utility company and the account holder/tenant, but what about the property owner(me?).

Do I have any recourse/protections/leverage in preventing my pipes from freezing if this goes on for a while or if its shut off again? It's already getting down to the 40
s this week and I'd love to not have this blow up in my face.

Any/all suggestions or resources would be appreciated!

[ Reply ] [ Return to forum ]

Re: tenant had utilities shutoff, What about my house? by Anonymous on September 25, 2014 @13:10	[ Reply ]

none care. police will tell you it is a L-T issue. court will tell you that you that you have to reconnect the utilities for T, otherwise it is an illegel eviction. if you do not reconnect the utilities for T, you may face some jail time. why would you get a total stranger who is not paying moving into your house at the first place?

Re: tenant had utilities shutoff, What about my house?

Re: tenant had utilities shutoff, What about my house? by Anonymous (WI) on September 25, 2014 @14:34	[ Reply ]

I have it right in my rental agreement that they must keep the utilities on and current on the bill. One of the utility company's I have automatically sends landlords notice when tenants fall behind. I have not yet run into any issues but in talking with another landlord, here in SE WI the power company will help with the eviction if there is no power to the property as it is unfit for habitation.

Re: tenant had utilities shutoff, What about my house? by Katiekate (New York) on September 25, 2014 @16:33	[ Reply ]

This time of year is approaching the time when the utility companies can no longer shut off power. (October 15-March15). October rent was often difficult to collect from marginal tenants because of this....they all knew they had to get current before Oct 14th....which often means shorting the landlord. Make sure your lease requires the tenant maintain the utilities to keep the temps above 45 degrees. I use that benchmark because it also includes anyone who turns the heat off cause they are going away for a few weeks. If I find the temps below that or I learn they have been cut off...I post a 3 day notice to "cure or quit ..then I proceed to eviction. I would lose the rent before I would run the risk of losing my pipes.

Re: tenant had utilities shutoff, What about my house?

Re: tenant had utilities shutoff, What about my house? by Kim (WV) on September 25, 2014 @18:30	[ Reply ]

I also have it in my lease that the utilities must be kept on. Perhaps you might want to consider putting something in your lease about utilities. Here is the entire paragraph in my lease that deals with utilities. Note: while the provisions are OK in my state, West Virginia is very landlord friendly. These provisions may not be legal in your state. Also note, all my rentals are SFHs. "UTILITIES Tenant shall be responsible for arranging for the provision and payment of all utilities and services for the entire premises with the exception of trash service and lawn and garden care. At a minimum, gas, electric, water, and sewer must be maintained at all times as these are considered to be essential utilities. Cut-off of any of these essential utilities for non-payment will constitute a violation of this lease. A written Notice of Lease Violation will be issued to the tenant; the tenant shall correct the violation within five (5) days. If tenant fails to correct the item(s) in violation within 14 days, the Owner will construe non-payment of essential utilities as a breach of this lease, constituting the Tenant's Notice to Vacate. If gas or electric is shut off to the residence at any time when the weather conditions are such that there is a danger that the water pipes may freeze or the home may be damaged, the Owner considers this to be an emergency and will take measures to ensure no damage is done to the residence through lack of heat. Cost of such measures will be payable by the Tenant as added rent. If the residence is occupied by minors during the time the essential utilities are cut off, it may be reported to Child Protective Services for investigation. Tenants will coordinate with the Owner or Owner�s agent to transfer the utilities back to the Owner at the end of the lease. If the Tenant does not coordinate the utility switchover and the Owner must have the utilities turned back on, the Tenant shall be liable for any damages to the residence that occurs because of lack of utilities. Tenant shall be responsible for any expenses the Owner incurs as a result of having to arrange to get the utilities turned back on, such as utility company turn on fees. In addition, there will be a charge of $10 per hour, with a minimum of a one hour charge, for every hour, or fraction of an hour, that the Owner or Owner�s agent must be available at the residence to meet the utility company personnel to get the utility turned back on." This is no help in your current situation, I know, but it might prevent this sort of thing from happening in the future. I recommend calling the utility company, explaining the situation, and asking them what your options are in your current situation and see what they advise.

Re: tenant had utilities shutoff, What about my house? by Anonymous on September 25, 2014 @21:15	[ Reply ]

curious why you walked away from what seems like an important matter ... and now you don't know what's going on and you're discussing it on the internet with strangers who also don't know what happened... just don't get it why you didn't stay, find out exactly what was going on, talk to the tenant about it and then deal with it rather than guess.

this was my post

Re: tenant had utilities shutoff, What about my house?

Re: tenant had utilities shutoff, What about my house? by Anonymous on September 29, 2014 @18:51	[ Reply ]

OP here... Thanks for all the suggestions/advice. Power is back on, and as I understand it, it was only electric service that was disconnected, but after a quick UL inspection (meter was removed = inspection + new meter) it is back on. Still wading through the BS of what happened, but either way its a clusterfark. To answer a few of you, I didn't stay and chat because I was already late for work. After asking the NG guy & the tenant a few questions I determined that staying longer and being later to work would not help anyone. I checked that the tenant didn't need me present and got to the bottom of it later that day. Also, The tenant was living in the unit when I purchased the place. I wanted to have rental income right away, and this couple had a newborn between making the offer & closing, so they came with the house in a manner of speaking. I plan on revisiting the lease with some of your suggestions and a lawyer. I'm now registered with the utility company as the property owner and am looking into that side of things.

tenant had utilities shutoff, What about my house? - Landlord Forum thread 324920