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    aarroyo202's Avatar
    aarroyo202 Posts: 1, Reputation: 1
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    #1

    Oct 1, 2011, 06:05 AM
    Tenants that won't leave?
    I have a tenant that has not paid rent in 2 months. We live in Illinois, she is in a month to month lease. Rent includes utilities. It now comes to a point I cannot afford to pay the utilities for her abuseing them and running them high on purpose. She was already served with a 5 day notice. I already explained to her the situation but she feels that I have to pay them regardless of me having the money or not.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Oct 1, 2011, 06:10 AM
    You served them with a 5 day notice. When that expired why didn't you go to court for an eviction order? First thing Monday morning go to court and file. You can't be wimpy about this. The law is on your side use it.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
    		  
    #3

    Oct 1, 2011, 06:14 AM
    So proceed with the eviction. I'm not sure what your question is. Do you have to keep the electricity on? No, but make sure it was on when you gave notice to vacate, or she will have a case for witholding rent. In fact it's best if you keep it on for at least a while into all this so as to not cloud the issue.

    Next time have separate utilities. If you can't afford that, then you are stuck with whatever they run up. You could try a clause in the lease that says over a certain wattage (electic anyway) they owe extra, but that might not hold up if challenged.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Oct 1, 2011, 06:19 AM
    Missed this point. If the utilities are in your name you have to pay them. You cannot allow the utilities to be shut off. You could then be sued for an illegal eviction. If they are in the tenants name that would be different.

    It sounds like you have a tenant who knows the rules. So you better know them as well.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #5

    Oct 1, 2011, 06:58 AM
    I agree, you are over a barrel. You must keep ALL utilities turned on and you need to follow the Illinois eviction process. In which county do you live?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Oct 1, 2011, 11:04 AM
    It is correct, it does not matter if the renter does not pay you, you can not allow the power and utilities to be turned off. You are required as a landlord to keep it on. That is why people who have rental property need money in the bank to afford to fix property if something breaks, what would you do, if tomorrow you needed a 3000 new heating system ?

    But when they were 10 days late on the first month they did not pay, why did you not serve them notice, and take them to housing court when they did not move out??

    You are allowing them to stay rent free and cheat you. If you are trying to be "nice" and help people, sell your rental house, because you will not be a good landlord. You will need to have a set of rules and stick to it
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