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TinaB14 · Apr 29, 2013, 07:11 AM

I have a tenant I gave a 30 day vacate premises certified letter. Since she received the letter she has not paid rent. The only utility bill in her name is the electric. It has now been 30 days. Can I cut off the water and gas and tell her she needs to put it in her name. I am starting eviction notice through the courts but I want her out now! I have been doing everything by the law. She has changed the locks on the door and did not give me a key. She is no longet paying any rent and said she is going to damage the property before she leaves. She informed me it will cost me thousands of dollars in legal matters before she leaves.

LisaB4657 · Apr 29, 2013, 07:17 AM

You cannot shut off the utilities without some amount of reasonable notice to her that they need to be put into her name. Does the lease provide that she is responsible for them? If they were included as part of the rent then you cannot require that they be put in her name at all.

As for the locks, I would immediately have the locks changed and give her a written notice that she violated the lease by changing them and not providing a key to you, and that she must make arrangements to meet you to obtain the new key.

If you've already begun the court process there really isn't anything else you can do at this point.

ScottGem · Apr 29, 2013, 05:17 PM

Do you know where this woman works and/or banks? Do you have any proof of her threats? She is blowing smoke about it costing you thousands in legal fees. Filing for an eviction order is a nominal fee. If you followed the law in giving her notice and filing for an eviction order, then you should be granted the order at the hearing. Your only other cost should be hiring the sheriff to physically remove her.

She may damage the property, that's a risk you have to take, but, if she does you can sue her for damages. If you know where she works you have a good chance of collecting.

I also agree with Lisa on changing the locks. But I would give her notice that you are coming to pick up a copy of the keys on a specific date and time. If she doesn't give them to you, you will call a locksmith and have the locks changed.

I'm just curious whether you checked references or did a credit check before renting to her. Why did you give her the 30 day notice? What is the general locale here as laws vary by area.