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Only the utilities like gas and electic due to heat in the winter CANNOT cut a customer's service off in the winter.
Well they do it up here....Of course I mean the other way around...If the deposit for the utilities is empty they shut it off even if the temp is over 90F which means no A/C.
It's business. I have also dealt with tenants who wanted an estension to pay and they would pay. I filed yesterday on a family that promised to pay by last Saturday. Court is set and they can go whereever. It's business and try to cheat me and I will come down hard. AND I don't care what time of year.
Go ahead and file ASAP. The sooner you file, the less you will lose.
Well they do it up here....Of course I mean the other way around...If the deposit for the utilities is empty they shut it off even if the temp is over 90F which means no A/C.
Oh, yeah, a friend of mine came home from the hospital one summer and they turned off her electric in the summer on a late Friday and told her there wasn't anything they could do about it until Monday. She called someone - the county commissioners or someone and it was turned back on immediately.
I'm speaking of just the winter months. Why the difference I don't know why.
Oh, yeah, a friend of mine came home from the hospital one summer and they turned off her electric in the summer on a late Friday and told her there wasn't anything they could do about it until Monday. She called someone - the county commissioners or someone and it was turned back on immediately.
I'm speaking of just the winter months. Why the difference I don't know why.
Where do you live? I've lived in the northeast all my live(Boston and New York) and it's not illegal to turn off heat or electric in the winter(the utility company, not your landlord).
Where do you live? I've lived in the northeast all my live(Boston and New York) and it's not illegal to turn off heat or electric in the winter(the utility company, not your landlord).
I live in the midwest and no, it wasn't the landlord it was the utility company. It may be area by area, depending upon franchise deals with the local government, but that has always been a law here.
Myth #7 The gas utility CANNOT turn off your service in winter
While gas utilities may voluntarily impose a moratorium on winter shut-offs, they don’t have to. In fact, they can shut you off as long as the temperature is above 32 degrees for the next 24 hours. Know your rights. The utility CANNOT disconnect your service:
If it hasn’t given you proper notice (mailed eight days before the date of disconnection, or posted on your door five days before disconnection);
When the temperature is below 32 degrees or expected to fall below that within the next 24 hours and when disconnection would mean the loss of your heat;
On any day before a weekend or holiday when temperatures are expected to fall below 32 degrees;
If you have a current, approved medical certificate on file with the utility stating that the disconnection would aggravate an illness in the household.
If you are a LIHEAP (Low Income Home Energy Assistance Program) recipient and it’s between Dec. 1 and March 31.
If you think your rights have been violated, call CUB,
1-800-669-5556. A gas utility’s failure to comply with these regulations could be leverage to get your service turned back on.
Last edited by Thursday007; 12-17-2010 at 04:16 AM..
I've had this situation before. I'll bet they have all their cell phone bills paid and probably have their DSL bill paid. You definitely need kick them out. They are taking you for a chump. 3 day notice to quit and then evict. I hope they have to sleep outside and freeze.
I've had this situation before. I'll bet they have all their cell phone bills paid and probably have their DSL bill paid. You definitely need kick them out. They are taking you for a chump. 3 day notice to quit and then evict. I hope they have to sleep outside and freeze.
That is similar to the people in foreclosure...they will pay their phone, cable, internet bill....they can do without their mortgage bill and some other bills...but OMG they won't do without surfing the internet and watching a movie.
Kick them out and all other people living for free...that will turn the economy around...
Location: When you take flak it means you are on target
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Generally weather isn't a factor. That said I have heard of Judges granting hardship stays. But, if that occurred I would be in front of an appeals court before the ink dried.
Occasionally, there will be an individual judge who will not evict a family with children during winter months, but that is a personal quirk of that judge, not a law.
Go ahead and start the eviction. If a judge lets them stay, which is a very small chance, they will stay. If you do not start the eviction now, there is a 100% chance they will stay.
In future, the ability to pay all move-in moneys upfront is an important screening tool. Never accept an applicant who cannot pay everything owed up front. "Can you work with me on the deposit" is an automatic rejection. That person can not afford the rent and that person can not manage their money. Don't take them.
Also, it appears that you need to learn to do a little screening on prior landlords. You must verify that they actually own the building. You must ask them if they are the landlord or a roommate. You must ask them if they are related to the applicant. You should try to find a phone number for the owner of the building independently of the number given to you by your applicant.
Also, do not accept just the current landlord. You really must talk to the prior landlord. The prior landlord is not trying to get the tenant out, so he might be more truthful. Also the prior landlord will know about damages where the current landlord has not yet done his move-out inspection.
I also suggest that you check with your county offices to see if there is an eviction filed against your applicant. And while you are at it, see if that applicant has filed any lawsuits.
A tenant can be evicted at any time of year as long as the landlord has grounds to evict. And non-payment of rent is the reason for eviction.
The other thing that you need to take care of is finding new tenants in the winter. And as you probably know the demand for rentals are lower in cold months.
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