View Full Version : Tenant stole power--can I expidite the eviction process?
smilingfun
Dec 12, 2011, 12:55 PM
I have some tenants who moved in and never turned on their power. At first she complained her appliances weren't working... we got her new ones and then she complained they still weren't working. Turns out she didn't have power service with the utility company and instead 'rigged' up the electrical from the house meter to the inside of her unit--and the appliances require 220, not 120. The utility company came out and our electritian came out and it was determined she was stealing power. I cannot get rid of her---I served her a 3 Day, then a 5Day unlawful detainer... this is dragging out. Anybody know if I can do an emergency eviction in Las Vegas with proof she is seriously endangering the lives of others around her?
It's becoming very common now for tenants to do this--we had at another property a tenant steal power from the house meter and then do it for another tenant in a neighboring building. So we caught it but now the tenant is sitting there with no power. People will live for weeks without power. This cannot be right.
Fr_Chuck
Dec 12, 2011, 01:39 PM
Living without power is wrong, and it is against the lease if you have it written into the lease.
Since she was doing a illegal activity at the house, I am sure your lease has a clause about that. After you give your notice, why are you not filing eviction in court?
smilingfun
Dec 12, 2011, 01:55 PM
I issued her a 3 Day Quit--to leave because it's illegal to live without power and we have a pending investiagion with the utility company regarding her stealing power. Since she did not comply, then I issued a 5 Day Unlawful Detainer. Problem is, she can contest it or file a motion to stay once the notice has expired (which I have to wait not 5 days but 5 business days plus four mailing days). I'm wondering if anyone knows if there is an emergency eviction procedure. I can't seem to find anyone who can help me find out if I can get her out with proof she is stealing power immediately. Otherwise, she could realistically sit there another three weeks before we go to court once she contests the detainer. I can't go to court and process the eviction until I have waited for the detainer to expire. In the meantime,I can't get her to go on her own... she might burn the place down tampering with the electricity.
twinkiedooter
Dec 12, 2011, 09:35 PM
You can contact the Fire Marshall and have them evicted for this obvious fire hazard and/or contact an attorney who specializes in landlord/tenant rights and see what can be done about this due to the fact she could burn the building down with the jerry rigged electricity scenerio. You may need to have your maintenance person out checking the meters on a daily basis if necessary and any tampered meters need to take photos of and saved as evidence. Also if the woman has children under the age of 16 you can contact the Children's Services Department and report this to them. They will come out and demand something be done about the no electricity (legally) in the apartment or take the kids away.
ScottGem
Dec 13, 2011, 04:58 AM
According to this site Las Vegas Property Management, Las Vegas Real Estate Rentals and Realty - Atlas Group (http://www.property-mgmt.com/csp/sys/atlas/frontend/CurOwnEvictions1.csp) you have followed procedure. The next step is to file for a Summary Eviction. As you note she can contest this.
When you file for the Summary Eviction, I would make note that she was endangering property and lives and request a speedy hearing. Other than that, you can try the other suggestions made here.
I would also suggest that you do a better job of screening tenants. I would be very surprised if she hasn't done this before.
twinkiedooter
Dec 13, 2011, 01:13 PM
If you have been reading the news lately there has been quite a rash of this electricity theft in the LV area due to the economy. The power company is inundated with such cases.
As scott pointed out you need to carefully screen your tenants in the future and check with the power company to make sure they have had the power turned on legally from now on. Even go as far as calling their last landlord and the electric company to see if they are in good stead power wise so the power can be turned on at the new place. The new tenant may owe the power company a hefty sum and have a hefty deposit to pay before having the power turned on.
The news articles said that LV was starting to look like Detroit in some areas.
Have you had her electric turned off legally by the power company in the meantime?