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Stephane1 · Feb 5, 2014, 08:19 AM

Can my landlord shut off my utilities if they were paid in full because half my rent is ls late (2 days late)? They are NOT bundled with rent and due on separate dates. He used my utilities money to pay owner rent. Said he would turn it back on when rent is paid in full. Also, when I confronted him about it, he told me to " go to hell". I've been here for two weeks.

massplumber2008 · Feb 5, 2014, 08:27 AM

Hi Stephane

Certainly not a good start to your relationship if you've only been there two weeks, huh?

Do you have a signed lease or are you a tenant at will? Not that it matters here, except in terms of your landlord's reaction to the fact that he CANNOT shut off utilities for non-payment of rent and the fact that you have rights and can contact your local BOARD OF HEALTH and report him.

If the Board of Health (or similar city/town office) gets involved, he'll turn the utilities back on pretty quick, but if you are a tenant at will I'm pretty sure you'll be looking for a new place to live in a month or so...;)

Good luck!

Mark

PS: Wait to see what some of the other guys/gals online have to say on this as I am NO expert in real estate law.

talaniman · Feb 5, 2014, 08:29 AM

It sounds very wrong and illegal, but what does your lease say? What state, county, or country are you in?

smoothy · Feb 5, 2014, 08:34 AM

Half your rent isn't late... ALL of it is... you only paid half of it... they aren't legally required to accept any of it unles all of it is paid.

Now with that said... utilities can't be shut off,. but they can serve you with a pay or quit and start eviction proceedings. If it was my property that's what I would do in the USA But everything depends on where exactly this is... there is no one universal law that applies everywhere, and this is an International site.

Lease or no lease....failure to pay rent on time puts you in breach.

Stephane1 · Feb 5, 2014, 08:37 AM

Stephane1 here. Yes, I have a signed lease and utilities and rent are NOT bundled. Hr said he would turn it back on when the test of rent is paid. I don't think this is a health Dept issue.

talaniman · Feb 5, 2014, 08:44 AM

Cutting off access to your stove or water is a health department issue as well as heat in the winter. That's why general location is important. No heat in 20 degree temperatures may be a violation. Local landlord/tenant laws apply.

Stephane1 · Feb 5, 2014, 08:51 AM

What about the cable? That was paid in full but he used it to pay the owner of house. It was done of spite.

Fr_Chuck · Feb 5, 2014, 08:57 AM

Rent should always be paid first ? You paid for cable before you paid for rent ? Seriously ?

But normally all money paid, is applied to rent first, and then to other costs.

But with that said, he can also just evict you, if rent is late, rent can not "just be late" So he can not turn off water, or heat, or electric, but may be able to turn off cable, or internet. You would have to take him to court over it. But if you did that, he also could just do eviction for non payment, on time.

ScottGem · Feb 5, 2014, 10:48 AM

We need to get some things straight here. First, any question on law needs to include your general locale as laws vary by area. Second, you say you have a rental payment and a utility payment(s) and these are separate. What utilities are we talking about? Electric, Water, Gas, Oil, Phone, Cable? But you make these payments to your landlord who then pays the utility? Are the utilities in your name or the landlord's? Do you have separate meters?

Now it is generally illegal for the landlord to shut off utilities. However it is not illegal to apply your payment to the rent instead of the utilities and to have the utility shut off the service. Also, it matters what utility. For example, cutting off cable may not be illegal especially if cable is not included in your lease, but a separate deal. However cutting off electricity, water and heat would certainly qualify as an illegal eviction.

So you need to better define the situation so we can advise you of your rights.

joypulv · Feb 5, 2014, 11:31 AM

Cable is not a utility, nor is it vital for anything. Pure pleasure. You sure are off on a wrong foot. It was extremely foolish to pay for that and think that rent can just wait. Owners have mortgages with steep penalties for late payment. Even if he owns the building outright, it's no excuse. I see a quick termination of your tenancy, whether you pay your rent on time or not.

ScottGem · Feb 5, 2014, 12:10 PM

I certainly agree with Joy. If I were a landlord and my tenant handed me money and said, this goes for the cable bill, but I don't have all the rent money so here is half of it. I would certainly not appreciate it. In my opinion the first bill that gets paid is for the roof over your head. Next comes food. Cable access is way down the list.