Re: Mistakes of a Landlord - Landlord Forum thread 326346

Re: Mistakes of a Landlord by MrDan (Georgia) on October 26, 2014 @13:56

Florida Law prohibits a landlord/property manager from causing, directly or indirectly, the termination or interruption of any utility service provided to the resident. Those utility services include, but are not limited to, heat, water, gas, electricity, gas, garbage, elevator, collection, light or refrigeration. This prohibition will apply whether or not the utility service is under the control of, or payment is made by, the landlord.

Florida law clearly penalizes a landlord who indirectly terminates or interrupts any utility service furnished to the resident. It authorizes the resident to receive the greater of three months' rent or actual and consequential damages if the landlord commits a prohibited practice. The landlord is also liable to the resident for attorney's fees. (Florida Statute 83.67)

Florida Statutes also protects tenants from being evicted for retaliatory reasons. 83.64 Retaliatory conduct. -- (1) It is unlawful for a landlord to discriminatorily increase a tenant's rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant.

Florida Lease cause to use in your lease:

'Tenant understands and agrees that the electric service is currently on in the Landlord's name. Tenant agrees that the Landlord shall order the electric service be taken out of the name of the Landlord within 3 days, and Tenant shall place the electric service in Tenant's name and pay all necessary deposits'.

If it is found that a tenant is not paying the electric bill, the tenant should be notified immediately by the use of a 7 Day Notice of Noncompliance with Opportunity to Cure. The notice may state the following:

'You have failed to place the electric (other) utility service account into your name as required by your lease agreement, and you owe the landlord the sum of $__________ at this time for outstanding electric bill(s)'.

Best of all, do not have the utilities on when the tenant moves in. As Katie Kate says...NO KEYS until the utilities are in tenants name and verified...

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Re: Mistakes of a Landlord by Shaun on October 26, 2014 @14:20	[ Reply ]

"If it is found that a tenant is not paying the electric bill, the tenant should be notified immediately by the use of a 7 Day Notice of Noncompliance with Opportunity to Cure. The notice may state the following: 'You have failed to place the electric (other) utility service account into your name as required by your lease agreement, and you owe the landlord the sum of $__________ at this time for outstanding electric bill(s)'." Like I said "A single piece of Paper". The LLs accepted payment of the electric bill for several months. That is why I would consider a 30 day notice that electric will be terminated in LLs name. What I still can't wrap my head around, is how did the Tenant get behind in the rent by not the electric bill? When the Tenant gave her $$ why didn't it get apply to the oldest charges, which should have been past due rent 1st.

Whoops typo by Shaun on October 26, 2014 @14:22	[ Reply ]

..."in the rent but not the electric bill"

Re: Mistakes of a Landlord by Anonymous on October 26, 2014 @15:32	[ Reply ]

I'm curious as to how you ensure that the utilities are in the tenant's name before you give the keys to tenant. Not the 'calling the utility company part,' but the days of the week involved in this new tenancy. Do you - get lease signed on Wednesday/Thursday, verify utilities Wed/Thurs/Fri, and collect the money (deposit & rent), and give keys one of these days or Fri/Sat/Sun? The days in between would be for leaving time for utilities to get switched over? This issue has now gotten me confused. I like my current practice of 'NOT checking that utilities are in new tenant's name.' But now I need to change. You can't get a lease signed, collect rent and deposit, and give keys all at the same time that you are calling utility companies. So I don't think landlords are calling utility companies as is being said here.

Re: Mistakes of a Landlord by jannie (IL) on October 26, 2014 @17:25	[ Reply ]

No matter who I rent to I always call the utility company to check to make sure that the tenant has changed the utilities into their name. When we agree that they are the best applicant I tell them that they will need to have the gas/electric, etc switched into their name at the move in date (sometimes the meter is read a day before/after whatever). But I know at the time we sit down to sign the lease that the potential tenant has already contacted the utility. If they haven't there's a problem and no lease is signed.

Re: Mistakes of a Landlord by Monica (Ohio) on October 26, 2014 @23:10	[ Reply ]

That is exactly how I handle that too. I call the utility company to verify they have them transferred into their names before I meet with them to sign a lease.

Re: Mistakes of a Landlord by Shaun on October 27, 2014 @08:16	[ Reply ]

So many times my lease signings are after 4-5pm or on a weekend, so I have the tenant bring a copy of the utility deposit receipt to lease signing.