Can I turn off the electricity?

[papashaq]

What is the name of your state (only U.S. law)? WI

Hi all, I have a tenant that did not switch the electric bill to his name when he moved in and now says he can't because he owes the company money from his last address. He is not paying me for the bill I am getting now, can I turn off the power to his unit by flipping the breaker and looking the box, which is not in his apt or can I cancel with the power company? Will I get in trouble for cutting power to his unit? Thanks in advance for any help!

 

[FarmerJ]

How long has this gone on ? does your lease have the utilities shown that the tenant is responsible for ?

 

[papashaq]

One more thing

One more thing, the tenant is on a verbal lease with me, and I instructed him at time of move in to switch the bill to his name. I know, I know, but before you start blasting me, this was a very unique situation when he moved in, I normally have leases signed by all tenants. I need help on whether I can pull the electricity or would that be considered self eviction, I don't want him to leave, but I do want him to pay the electric bill. Please keep any comments about not having a lease to a minimum!

 

[papashaq]

Sorry FarmerJ

Sorry FarmerJ, you must have posted while I was writting my 2nd post.

It has gone on for 2 months now, and we have a verbal agreement on the lease and terms that he is responsible for the Electricity bills.

 

[ecmst12]

NO, you can't turn off the electricity. You can serve a pay or quit notice and begin LEGAL eviction proceedings if he does not pay. Turning off the power would be an ILLEGAL self-help eviction and can get you sued and you will end up owing HIM money.

 

[FarmerJ]

If you insisted the elect util remove your name from the acct the problem I see is that your tenant could claim the elect was included and with out a written lease even if it was a written month to month lease that shows the tenant to be responsible for that util I can see a tenant claiming constructive eviction. Your best shot is to send the tenant a notice giving them your states required notice for month to month renters to move out via certified or confirmed mail delivery and get it over with. Just curious though has your tenant offered to reimburse you for the elect bills so far ?

 

[papashaq]

he has offered, but never paid up...he knows he is supposed to be paying for it, I just don't want it to get out of hand....let a couple bills slide, next month rent starts coming up short and then not at all and next thing you know your tenant owes a couple grand in back rent and energy bills.... I've been down the landslide before and I just want to stop it ahead of time while I am only out a couple hundred bucks as to a couple grand.

 

[FarmerJ]

Is this a friend of yours thats renting from you ? If so then perhaps the best thing is to still get your friend to sign a written month to month lease that spells out his obligation to reimburse you for the electric. This way your tenant will see that you want this to be addressed .