Can a landlord turn off the water, when the renter failed to have their own name put on the utility bills as this was required in the lease contract?
(0) | asked by: Leslie Long | share | 53 months ago | Report
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While this is of course an answer to get from an attorney as there may be details about the situation that can affect the answer, my answer would be "probably". IF the lease specifically states it is to be in tenants name and it should have been at the time of possession or some date specific put into the contract, it would only be reasonable that the owner had also called to order a "final billing" and shut off from their name. If the tenant failed to act on their own accord to protect their interests knowing they should have the service on in their name, I do not see how a landlord could be liable for a tenants breach of contract. If the contract says that the landlord pays this utility and is shutting it off for reasons such as nonpayment of rent, etc. (ie- non-emergency or justified maintenance issue such as repair to lines), then that is in my opinion illegal and the entire intent of the law as written to protect occupants.
I believe that it is unlawful to shut the water off on a tenant, unless there is an immediate emergency situation or the owners property is being significantly impacted as a result of this service. A leasee could have medical issues, be preggnant, etc. This question is probably better answered by City Utilities at or by a lawyer. Note - this is merely helpful info, not legal advice - please consult a lawyer. Thank You Alan Boyle, MBA
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