Utilities included in rent---Gas turned off!

[66beachgirl08]

What is the name of your state (only U.S. law)? Virginia---Recently found out landlord not paying bills. (Collection agencies calling, certified letters to house) He doesn't live here, but uses this as his mailing address/business address. Yesterday the gas was turned off for nonpayment! Was planning on moving the end of August, but now will have to make arrangements to move ASAP. What are my rights??? Can I get $$$ for the days I'm not here in July since I already paid July's rent??? What about the cost of staying in an efficiency until my new apt is available???

 

[ecmst12]

Call the code inspector immediately to report the violation, and send written notice to your LL (call too but follow up with a letter) that he needs to credit you rent back for every day you are without gas. Hopefully it will be fixed in a day or 2 and you won't need to move out early. Have you given your written 30 day notice to move yet? If you are moving at the end of August, it needs to be turned in before the end of July.

 

[FarmerJ]

So you know what the policies are atleast ask the gas util what its policys are if a tenant is willing to pay for the gas they use when its been turned off due to LL failure to pay when its inc in a lease. The gas util might ask you for a copy of the lease , if they do let them have it. Its only a suggestion , other wise plan on calling your city/county building inspections code enforcement desk for assistance .

 

[acmb05]

Call the code inspector immediately to report the violation, and send written notice to your LL (call too but follow up with a letter) that he needs to credit you rent back for every day you are without gas. Hopefully it will be fixed in a day or 2 and you won't need to move out early. Have you given your written 30 day notice to move yet? If you are moving at the end of August, it needs to be turned in before the end of July.

Plus a little extra for the inconvenience.

 

[Alaska landlord]

If he's not paying any of his bills, what makes you all think it will be different for OP? OP stands to win a judgment for pocket money with no way of collecting.

 

[Cvillecpm]

Cook on gas grill or microwave your meals, shower with a friend if you don't have hot water - obviously, you don't need heat and stay through August and move as planned.....OR....put your stuff in storage and move in with a friend for Aug.....obviously, you won't get your security deposit back so being slightly inconvenienced for August and living rent free would be your best option.

Not having GAS is not a big deal.

 

[acmb05]

If he's not paying any of his bills, what makes you all think it will be different for OP? OP stands to win a judgment for pocket money with no way of collecting.

It could be a little more than pocket money and there are many ways to collect besides waiting on landlord to send a check. Liens on property for example. Garnish accounts.

 

[johnd]

Call the code inspector immediately to report the violation, and send written notice to your LL (call too but follow up with a letter) that he needs to credit you rent back for every day you are without gas. Hopefully it will be fixed in a day or 2 and you won't need to move out early. Have you given your written 30 day notice to move yet? If you are moving at the end of August, it needs to be turned in before the end of July.

Plus a little extra for the inconvenience.

No. OP is not due back all the rent for those days he was without gas service, but a reduction in rent equal to the diminished value because of the lack of gas service. About the only argument that could be made for a total rent abatement is if the LL maliciously shut off the gas service...and the op would have to prove this. Sheeeeesh: free advice is sometimes worth just that.

 

[ecmst12]

If the gas is only for cooking, then it's no big deal. If the gas is for the hot water though, that IS a big deal and a habitability issue. Tenant is due a rent credit for all days that the apartment is UNINHABITABLE, as defined by law.

 

[acmb05]

No. OP is not due back all the rent for those days he was without gas service, but a reduction in rent equal to the diminished value because of the lack of gas service. About the only argument that could be made for a total rent abatement is if the LL maliciously shut off the gas service...and the op would have to prove this. Sheeeeesh: free advice is sometimes worth just that.

You do realize that OP's state allows a tenant to sue for 100 a day plus attorneys fees for as long as the gas is off right?

 

[acmb05]

No. OP is not due back all the rent for those days he was without gas service, but a reduction in rent equal to the diminished value because of the lack of gas service. About the only argument that could be made for a total rent abatement is if the LL maliciously shut off the gas service...and the op would have to prove this. Sheeeeesh: free advice is sometimes worth just that.

Who said he was? I did not see anyone say that. Not one person including me said he could get a total rent abatement.

You really need to start reading the thread more before you try to jump down my ass for things. I don't know what your problem is but I suggest you get over it. Also you need to quit posting quotes that are in two seperate threads to try and make your argument look better.

 

[Alaska landlord]

Who said he was? I did not see anyone say that. Not one person including me said he could get a total rent abatement.

Just like OP said she had gas heated water.

 

[acmb05]

Just like OP said she had gas heated water.

It does not matter If gas is used for cooking or water. Obviously it is used for something in the unit. It is a utility and it cannot be shut off. By the landlord not paying the bill it is an illegal shut off. The law does not stipulate if it is only used for water or only for cooking. Regardless what the gas is used for it still can not be illegally shut off.

If the utilities have been shut off by the landlord, the tenant should first check with the utility company to see if it will restore service. If it appears the shutoff is illegal, the tenant can file a lawsuit. If the tenant wins in court, the judge can award the tenant up to $100 per day for the time without service, as well as attorney's fees.

 

[66beachgirl08]

No gas/hotwater

Thank you all for your words of wisdom. I did call codes and compliance and they are investigating. I have moved into a hotel and upped my move out to 8/1 vs 8/30. Sent certified letter to LL. So all is pending. If you have any futher advice, please tell.

 

[ecmst12]

You are going to owe rent for all the days from the time the gas it turned back on until 8/31 at the very least. You should reconsider changing your move date unless this does not bother you.