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ladeebug_79 · Apr 21, 2008, 06:06 PM

I am on a signed month to month lease stating that the landlord will pay utilities, about a week after I moved in the landlord shut off the gas and then about 2and a half weeks they shut off the electricity. Now they are trying to evict me for nothing what are my rights? Including the eviction time?

LisaB4657 · Apr 21, 2008, 06:11 PM

If you have a written lease that states that the landlord will provide utilities then they did not have the right to shut them off.

As a month-to-month tenant in most states you are entitled to at least 30 days written notice that your tenancy is being terminated. If you haven't moved out by the end of the notice period then they can file a lawsuit for eviction. But read your lease carefully to see if it provides a different notice period.

If the landlord is evicting for non-payment of rent then the notice period is considerably shorter and depends on state law.

If I were in your position I would find a new place to live and then file a lawsuit against the landlord for a refund of the rent for the entire time after the utilities were shut off.

N0help4u · Apr 21, 2008, 06:13 PM

Tell him you will take him to court for not honoring the lease and see what he says.
Maybe send him a copy of your lease with the utilities highlighted to remind him.

Evictions are no longer 30 days in many states. Some as little as 3, Missouri can kick you out that day so get it taken care of asap. If you are up to date on your rent then they can't evict you just like that.

ladeebug_79 · Apr 21, 2008, 06:17 PM

The eviction is not fort nonpayment it is cause they had a family dispute. We have been living without these utilities for about a month. My rent is not due till the 22nd of the month.

Fr_Chuck · Apr 21, 2008, 06:23 PM

They can not shut off utlities legally, you can go and sue them in housing court for the value of that months rent most likely, the couirt may also demand they give you 30 to 60 days to move. I would also go in asking for moving expenses ( may not get it, but you won't for sure if you don't ask)

On a month to month they are allowed to give you notice to move.

JudyKayTee · Apr 22, 2008, 06:57 AM

Originally Posted by ladeebug_79

The eviction is not fort nonpayment it is cause they had a family dispute. We have been living without these utilities for about a month. My rent is not due till the 22nd of the month.

Report it to the Health Department - they will take a look at the situation, probably your utilities will go back on in their name and on their dollar and then I would get the heck out of there.

twinkiedooter · Apr 22, 2008, 11:27 AM

If you have kids you have 100% chance that the utilities will be turned back on in a jiffy if you contact the Health Dept. Families with kids are a #1 priority to have utilities stay ON. The landlord did this illegally. You could have called up on day one and reported him for turning off the utilities.