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  1. #1
    Keramee is offline Junior Member
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    Angry utilities included

    What is the name of your state? Utah
    I would like to know if there is anything that could be done such as rent deduction or?
    My rent includes all utilities. Yet so far in July and Aug. the Elec., Gas, and Water has been shut-off due to non-payment.
    I pay my rent in Full every month but yet my Landlord is not paying the utilities! Without warning I come home and there is something that has been turned off. Also there is a large part of the ceiling that fell down when the roof leaked that was in May but he will only come around once a month when rent is due and do a little bit! I pay 800.00 a month so this is not a low-rental. Shouldn't I be able to deduct for the times my utilities have been turned off? I have had 100.00 dollars or more of food spoil when my Elec. has been turned off. Please tell me what my rights are..

    Thank You
  2. #2
    FarmerJ is offline Senior Member
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    Look to your state govt web page links for landlord and tenant to learn what it has to say about rentals where utilitys are included but LL fails to maintain them. as far as your other repair problems take pictures and send the LL certified letters with your repair list. stop using the phone or telling him in person. If you need his mailing address, get it from your county govt center property tax desk . ITS PUBLIC INFO they have to tell you the address they mail property tax statements to.
  3. #3
    cvdesign is offline Member
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    I am not an attorney, but the law in Florida states that the LL cannot turn off utilities for any reason whatsoever.

    I would think that neglecting to pay the utilities (if stipulated in the lease) would be a breach of contract.

    Is s/he being malicious or just absent-minded and neglectful, do you think? This may be a tactic to force you to move . . .
  4. #4
    JETX is offline Senior Member
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    Quote Originally Posted by cvdesign
    I am not an attorney
    WOW!!! THat sure is obvious!!!!

    but the law in Florida states
    Who cares what the law in Florida states... the OP lives in UTAH!!!
    And, even for those of you are geographically challenged, that is NOT Florida!!!
  5. #5
    JETX is offline Senior Member
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    Quote Originally Posted by Keramee
    I would like to know if there is anything that could be done such as rent deduction or?
    Can be done?? Of course there are LOTS of things that could be done!!

    My rent includes all utilities. Yet so far in July and Aug. the Elec., Gas, and Water has been shut-off due to non-payment.
    I pay my rent in Full every month but yet my Landlord is not paying the utilities!
    Here is the applicable Utah statute showing that the landlord is responsible:
    57-22-4. Owner's duties -- Maintenance of common areas, building, and utilities -- Duty to correct -- No duty to correct condition caused by renter -- Owner may refuse to correct.
    (1) To protect the physical health and safety of the ordinary renter, each owner shall:
    (a) not rent the premises unless they are safe, sanitary, and fit for human occupancy;
    (b) maintain common areas of the residential rental unit in a sanitary and safe condition;
    (c) maintain electrical systems, plumbing, heating, and hot and cold water;
    (d) maintain other appliances and facilities as specifically contracted in the lease agreement; and
    (e) for buildings containing more than two residential rental units, provide and maintain appropriate receptacles for garbage and other waste and arrange for its removal, except to the extent that renters and owners otherwise agree.
    (2) In the event the renter believes the residential rental unit does not comply with the standards for health and safety required under this chapter, the renter shall give written notice of the noncompliance to the owner. Within a reasonable time after receipt of this notice, the owner shall commence action to correct the condition of the unit. The notice required by this subsection shall be served pursuant to Section 78-36-6.
    (3) The owner need not correct or remedy any condition caused by the renter, the renter's family, or the renter's guests or invitees by inappropriate use or misuse of the property during the rental term or any extension of it.
    (4) The owner may refuse to correct the condition of the residential rental unit and terminate the rental agreement if the unit is unfit for occupancy. If the owner refuses to correct the condition and intends to terminate the rental agreement, he shall notify the renter in writing within a reasonable time after receipt of the notice of noncompliance. If the rental agreement is terminated, the rent paid shall be prorated to the date the agreement is terminated, and any balance shall be refunded to the renter along with any deposit due.
    (5) The owner is not liable under this chapter for claims for mental suffering or anguish.

    [url]http://www.le.state.ut.us/~code/TITLE57/TITLE57.htm[/url]

    Send the landlord a letter asking for compensation or a reduction in rent for your damages.... and a reduction based on YOU paying the utility bill directly.
  6. #6
    cvdesign is offline Member
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    WOW!!! THat sure is obvious!!!!

    WOW!!! Someone's cranky!!! I think someone's on the ra-ag!

    By the way, you might want to try typing a little slower . . . unless we now initial cap the first two letters of a sentence.

    Who cares what the law in Florida states... the OP lives in UTAH!!!

    Really? Hadn't noticed . . .

    Really, I kinda made a point of mentioning that that was the case in Florida - just trying to help and using my state (a bend-over-backwards-LL-friendly-state) as an example of how even a state as biased as mine would react to something so patently negligent.

    I also was of a mind that other people (you know, from states other than UT) might find that interesting . . . I'm not from UT, but I read the post, LOL.

    But thanks sooooo much for pointing that out!

    And, even for those of you are geographically challenged, that is NOT Florida!!!

    Wow!! Another golden nugget of brilliance! You must be like . . . a genius, or something!

    HAND

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