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I am 5 days late on my rent. I talked to the landlord and told him on the 1st that I have an appointment on the 6th to get help paying it. On the 2nd he gave me an eviction notice. On the 3rd he shut off my cable (which is included on the rent). And today half of my house doesn't have power and the water is shut off ( the water is included the power is not).
Its against the law to shut off utilities, no matter what the lease says. Cable is not a utility. Water and power are. I would contact a local real estate lawyer and sue him.
There is no lease.Quote:
Originally Posted by jenniepepsi
It doesn't matter if there is a lease. Call the police. If they won't do anything then call an attorney.
We gave them money they gave us a receipt. That was it.Quote:
Originally Posted by jenniepepsi
First actually my guess is the majority of rentals in the US is not in writing, most are merely verbal renting. These are all basically month to month rentals.
Next as a landlord, sorry If I can't feel sorry, but landlords have bills to pay, they still have to pay the electric bill, the water bill and a house or apartment rental.
So when the rent is due on the fist is not when to tell them you don't have it, you start working with them a week or two week before. On the first you are suppose to pay the rent due.
And when you can't and tell them you don't even have a meeting till the 6th ( bet you don't get money on the 6th, you are just applying for the help)
And of course just moving still makes you liable for the rent,
Not doing illegal things, shutting off your water and electric is wrong, but a landlord is in business to make money, so his wanting you out and trying to evict you is not wrong, only shutting off the electric and water.
But I have to admit I know how he feels, I have had people cheat me out of weeks of rent by not paying and getting evcited and never paying me.
Lisa is right on target. Diminishing services for whatever reason is illegal. If I wasn't on my way out the door I'd expand on it. Sue. What state are you in?
TnQuote:
Originally Posted by macguyver258
Ok first, I ask that people remember that this is a legal forum and responses here need to confirm to statute. There were several answers that were removed because they were legally incorrect.
People rent without leases all the time. And people continue to rent after their leases expire on a month to month basis in a lot of situations.
The legal facts here that a landlord is NOT allowed to cut off essential utilities. Nor are they allowed violate the lease terms even if payment is late.
Nor can a landlord give you an eviction notice. They can only ask you to vacate. Only a court can issue an eviction.
I would go to housing court tomorrow and file a complaint against the landlord.
Oregon Revised Statutes
Title 10
Landlord Tenant
90.100 Definitions
(10) “Essential service” means:
(a) For a tenancy not consisting of rental space for a manufactured dwelling, floating home or recreational vehicle owned by the tenant and not otherwise subject to ORS 90.505 to 90.840:
(A) Heat, plumbing, hot and cold running water, gas, electricity, light fixtures, locks for exterior doors, latches for windows and any cooking appliance or refrigerator supplied or required to be supplied by the landlord; and
(B) Any other service or habitability obligation imposed by the rental agreement or ORS 90.320, the lack or violation of which creates a serious threat to the tenant’s health, safety or property or makes the dwelling unit unfit for occupancy.
90.375 Effect of unlawful ouster or exclusion; willful diminution of services. If a landlord unlawfully removes or excludes the tenant from the premises, seriously attempts or seriously threatens unlawfully to remove or exclude the tenant from the premises or willfully diminishes or seriously attempts or seriously threatens unlawfully to diminish services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric or other essential service, the tenant may obtain injunctive relief to recover possession or may terminate the rental agreement and recover an amount up to two months’ periodic rent or twice the actual damages sustained by the tenant, whichever is greater. If the rental agreement is terminated the landlord shall return all security deposits and prepaid rent recoverable under ORS 90.300. The tenant need not terminate the rental agreement, obtain injunctive relief or recover possession to recover damages under this section. [Formerly 91.815; 1993 c.369 §10; 1995 c.559 §23; 1997 c.577 §21]
Shutting off the water (or any other essential service) is low class, manipulative and a temporary power trip. If you work with people you at least have the possibility of a positive out come. Pulling a stunt like this makes surer the relationship ius adversarial. The landlord put's himself in a position where may be forced to give away two months rent and pay damages. Just a dumb move.
Anyway, here's the applicable statute for Oregon.
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