Re: Tenant won't switch untilities into her name.

Re: Tenant won't switch untilities into her name. by Garry (Iowa) on September 18, 2014 @17:31

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 Anonymous on September 18, 2014 @22:40	[ Reply ]

G, are you really telling this LL to turn off utils, and risk being cited for constructive eviction??

Re: Tenant won't switch untilities into her name. by Garry (Iowa) on September 19, 2014 @09:47	[ Reply ]

Yes. Please reread part A of the Cal. code that Mr Dan quoted us. It says you cannot willfully terminate a "FURNISHED" utility. Meaning the gas/elect/water was being paid by the LL from the start of the lease. I agree THAT would be a constructive eviction. But in this case , the T signed a lease saying they would pay for the utility, and put that util in THEIR name. I believe these are two different scenarios, and would be handled differently in a court setting. I could be wrong in my interpretation of that paragraph A , but thats the way I read it.

Re: Tenant won't switch untilities into her name. - Landlord Forum thread 324686