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Re: Utilities question
by Marge (CO)
on May 26, 2018 @17:09
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From the post I gather, that the lease is VERBAL (and he says he's an experienced landlord...), long term (doesn't say how long). Tenant was told to put utilities in her name, she never did. She also never reimbursed the Landlord for anything. He went to repair something, and discovered, that there are at least 3 unauthorized people living there, and he wants them all out. It is a 2 bedroom, he does not specify whether a house, or an apartment, but obviously it has its own utility meters. The issues, according to that Landlord, are: unauthorized tenants, high utility bills - well, the poor guy got himself into an incredible mess. But the question was about the utilities, and I don't think that the Landlord has the legal right to turn them off, even though he is paying for everything, and is not getting reimbursed.
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Re: Utilities question
by Garry (Iowa)
on May 26, 2018 @22:50
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If it's a verbal lease, meaning nothing in writing, then I'm pretty sure it's a M2M lease, as you would need something in writing to make it a term lease(meaning a 6 mo. or 1 year lease). The LL should just give the T a 30 day notice to move, by May 30, to be out by June 30. The LL should cite the 3 unauthorized people living there, as the reason for the notice to move. As for the utils, as long as the T is on a M2M lease, any LL can give any tenant a 30 day notice of change of lease terms. In this case, the LL can write a separate letter, telling the T that the utils will be shut off as of July 1. The T needs to receive both of these letters by May 30, so the LL needs to send them out be certified and regular mail on next Tuesday, and also post a copy of the letters on their front door. If anything ends up in court, the T is going to have to PROVE they have a term lease, and that the LL was providing all the utils. And I'll bet they can't do that, unless they can show a written lease, signed by both parties. You're probably right. The LL messed up. and now he has to do things the LEGAL way, to get out of his mess.
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