I rented out my house in July of 2008 to a couple, both 22, with a family, 2 daughters and a boy due in December. I have been very lienent with them to help them out because they couldn't find anywhere else to go. Now it is October and I have yet to receive my security deposit of one months rent nor have they changed the utilities to their name. They tried to change them to their name but when they called the deposit for them to do so was close to $600 due to their credit. Of course they didn't have it so I let them keep it in my name as long as they paid. Well the bill was due last Tuesday the 14th and they still have not paid. Therefore I turned the utilites off as of today, and hand delivered an eviction notice on grounds of the security deposit, not paying for utilities and never being on time for rent. They will not stop arguing with me and begging me not to make them move, saying they do not understand why I am doing this, and going on and on about how they just got the babies room ready and how their girls love :thier" house etc. My problem is I am weakening, I feel bad for the kids having to pay for what their parents have done. So my question is, am I terrible person for throwing this family out? Should I let them get to me? Do I have good enough reason to evict them?

I did speak with an attorney and he said I do have a case against them but they said that the reason they did not pay the utility bill was because his pay check would not cash and they had to wait until today to be re-issued a new one. They are aware that the utilities are being cut today, but they believe that if they pay it today they will be turned back on, well they won't be because it was my asking that turned them off! With out my approval they are not coming back on, my attorney said it was fine that I cut them off because they did not pay while they are in my name, but here in Ohio you cannot turn utilites off no matter what after November 1st, even the utility company will not do it if you quit paying because it gets too cold. Now I am just rambling! Let me know what you think... what would you do?

Hello True:

The UTILITY company can't turn off utilities after Nov 1, but YOU can't EVER turn them off!

I'm surprised your attorney didn't advise you that turning off their utilities is AGAINST THE LAW. You can be sued BIGTIME for doing that. Plus, the'll be able to STAY in your house MUCH longer than if you followed the law.

In fact, we have a copy of Ohio landlord/tenant law right here on our website at the top of the real estate page on a "sticky note". I suggest you read it, and follow it to the letter.

excon

PS> I'd FIRE that lawyer!

No, technically you can't turn off utilities in the state of OH, but you may want to seek another attorney. Surely you have the right to NOT have the utilities in your name anymore. I don't know how this would work exactly. You are definitely in a tough spot, I would not be able to kick someone with 3 kids to the curb. Good luck to you!