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Tenant won't switch untilities into her name.
by Steve Lee (California)
on September 18, 2014 @16:52
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Tenant moved into apartment in March, still has not switched electrical service into her name which she should have done per her lease within 3 days. Can I have utility company disconnect from my name, which would mean disconnecting service?
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Re: Tenant won't switch untilities into her name.
by Garry (Iowa)
on September 18, 2014 @17:31
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Why have you waited for 6 months before discovering this ??? You should reread your lease again to be sure the electric was to be in her name. If you are correct, send her a copy of the lease she signed, and inform her that you are going to shut off the electric on Wed. of next week, and for her to put it in her name by then. Because you waited so long to act on this, If she wanted to contest your action in front of a judge, she could very well make a case against you, and force you to keep it in your name at least until the end of the lease. But right now, its worth a try to have it shut off, and see what happens.
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Re: Tenant won't switch untilities into her name.
by Katiekate (New York)
on September 18, 2014 @17:33
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Until I get confirmation from the utility company the bill is in the new tenants name...until then..no one moves in. This is why
You cannot pull the plug. Not on a tenant already in place. That is called "constructive eviction". And it is illegal
Post a quit or pay. Demand full payment of the utility bills..and demand the bill be placed in her name within 1 week. If she doesn't pay and fix the billing..,evict.
And never allow them To move in until the bill has been moved to their name.
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Re: Tenant won't switch untilities into her name.
by MrDan (Georgia)
on September 18, 2014 @20:45
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California Civil Code 789.3.
(a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his residence willfully cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration, whether or not the utility service is under the control of the landlord.
(b) In addition, a landlord shall not, with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his or her residence, willfully: (1) Prevent the tenant from gaining reasonable access to the property by changing the locks or using a boot lock or by any other similar method or device; (2) Remove outside doors or windows; or(3) Remove from the premises the tenant's personal property, the furnishings, or any other items without the prior written consent of the tenant, except when done pursuant to the procedure set forth in Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3. Nothing in this subdivision shall be construed to prevent the lawful eviction of a tenant by appropriate legal authorities, nor shall anything in this subdivision apply to occupancies defined by subdivision (b) of Section 1940.
(c) Any landlord who violates this section shall be liable to the tenant in a civil action for all of the following: (1) Actual damages of the tenant. (2) An amount not to exceed one hundred dollars ($100) for each day or part thereof the landlord remains in violation of this section. In determining the amount of such award, the court shall consider proof of such matters as justice may require; however, in no event shall less than two hundred fifty dollars ($250) be awarded for each separate cause of action. Subsequent or repeated violations, which are not committed contemporaneously with the initial violation, shall be treated as separate causes of action and shall be subject to a separate award of damages.
(d) In any action under subdivision (c) the court shall award reasonable attorney's fees to the prevailing party. In any such action the tenant may seek appropriate injunctive relief to prevent continuing or further violation of the provisions of this section during the pendency of the action. The remedy provided by this section is not exclusive and shall not preclude the tenant from pursuing any other remedy which the tenant may have under any other provision of law.
Utility Service Cut Off for Owner’s Non-payment of Utilities [CA Civil Code §1942.2] [PUC §777]
Effective January 1, 2010 where a landlord-tenant relationship exists, if an electrical, gas, heat, or water corporation furnishes individually metered residential service to residential occupants in a detached single-family dwelling, multiunit residential structure, mobile home park, or permanent residential structure in a labor camp, and the owner, manager, or operator is the customer of record, the corporation is required to make every good faith effort to inform the residential occupants, by means of a specified written notice, when the account is in arrears, that service will be terminated at least 10 days prior to termination. Residential occupants may become customers of the corporation, providing that one or more of the residential occupants are willing and able to assume responsibility for the subsequent charges to the account to the satisfaction of the corporation then the corporation must make this service available to the residential occupants. The utility corporation shall further inform the residential occupants that they have the right to become customers, to whom the service will then be billed, without being required to any amount which may be due on the delinquent account. A tenant who has made a payment to a utility, when the utility costs were included in the rent as provided in the rental agreement between the resident and the property owner/management, and then the tenant may deduct the payment from the rent.
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Re: Tenant won't switch untilities into her name.
by Anonymous
on September 18, 2014 @22:20
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You're not taking the utilities out of your name in order to evict her, right?
Give her notice that on such a date, the utilities will no longer be in your name and turned off. Then do it.
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Re: Tenant won't switch untilities into her name.
by Malek (CA)
on September 19, 2014 @16:50
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At least with PG&E (in northern california), PG&E will not disconnect the services even if tenant has the service under their name and have not paid.
I had a case where tenant A moved out, we switched the service to my name to do repairs and such, then tenant B moved in, I called PG&E and told them that a new tenant has taken over and we are not responsible, can prove via lease. PG&E removed us but every time I called PG&E to find out who is currently on the record, PG&E refused to share and only said, don't worry "you are not on the hook".
CA is pretty much a socialist state.
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Re: Tenant won't switch untilities into her name.
by Anonymous (WI)
on September 29, 2014 @12:21
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I do not give tenants the keys until I have verified that they have switched the power over.
I even tell them when I approve them that I notified the power company to end service in my name effective their stated move in date. puts pressure on them to make sure it is switched over.
Post a cure or quit notice. along with the bill for what they owe for utilities. make it clear they need the account caught up if they wish to continue living in the apartment.
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