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I just received a 5 day notice stating I did not pay my electricity. It is due this Friday and there is nothing in the contract/lease stating that my own electricity needs to be paid on a certain date and it is in my name and has nothing to do with my lease. Is this legal? They also have a 5 day grace period on the rent payment before they charge $10 per day for being late, but they charge you $29 if you're even one day late, that is not listed in the lease.
This new land lord just took over and they raised the rent which is fine but I don't think they can tell me when to pay my bills especially if I am not in danger of being shut off. They will not answer my calls now.
Are you on a written lease with time left on it? If yes, what is the expiration date?
And what day of the month starts your rental period?
If no, then you are on month to month (tenant at will) and provide the day of the month that starts your rental period.
Do you live in an apartment or a house?
You wrote that the utilities are in your own name. How so? Do you have your own accounts with the utility companies, get a bill every month, pay directly to the utility companies?
What, if anything, have you been getting in writing from the landlord?
Yeah, that's messed up. My utilities, aside from water (which is in my landlord's name), are in my name, and my landlord doesn't get involved other than to light and extinguish the pilot lights on the two gas heaters because I don't know how to do that.
In AZ I don't think APS will give me the balance of the electric bill but they will tell me when it is late. If it gets shut off it doesn't actually get shut off it gets put back in my name. I don't know why APS or SRP would reach out to the LL about an bill that isn't behind yet. If you didn't pay and it got shut off, transferred back to the LL, then yes you can be evicted for breaching the lease.
You mentioned it is a new LL so the utility may have made a mistake when he setup the new LL account. As for the late fees it is what is in the contract no more and no less. Good luck getting a judge out here to agree to that though.
It sounds a clerical error somewhere along the way when ownership was transferred. I can't see how the LL would even know the bill is late if it is in your name. Have you tried simply telling the LL that it isn't even due yet?
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