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

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.

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