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polly1202 · Mar 31, 2008, 07:26 PM

I am a landlord in Florida. I have a tenant who has not been paying his rent. I have not served him with eviction papers or given him written notice to leave. Keep this in mind as you read on... His lease clearly states that utilities are responsibility of the tenant. He moved in in November. I'm tired of paying the utilities and he keeps promising to pay me back. I can no longer afford to support him. I have not paid my utility bill and the electric is being shut off. I have been reading that having utilities shut off is not legal means for eviction even if the utilities are in the landlord's name, but I think that means if they are in the landlord's name and are the landlord's responsibility. It is clearly stated as his responsibility. It sure would be nice if he'd leave, but I don't want to be at fault. There is nothing stopping him from having the utilities turned on in his name. Can someone tell me if this is legal?

Fr_Chuck · Mar 31, 2008, 07:33 PM

I think you are in trouble, since he moved in during November, the electric should have been off or transferred that week, or notice of eviction given then for failing to transfer electric.

You have now set up 5 months of past practice, in which no matter what the lease says you were proving them free utilities, and in fact he may even make a case that you are now required to do that.

So yes, he will have a good case against you, if the utilities are turned off, and most likely would win.

Sorry but you got yourself into this by not running this like a business but being far to nice.

You need to start the legal eviction proceedings and do it right.

polly1202 · Mar 31, 2008, 07:43 PM

Here is the waiver written into my lease supporting me:
The landlord's failure to enforce for insist on compliance with any provisions of this agreement shall not be deemed a waiver nor a limitation of the landlord's right to enforce or insist on compliance with the provisions of this agreement.

Doesn't this protect me? My lease also states NO oral agreements. All agreements pertaining to the lease must be in writing signed by both parties.

Also, I normally run my rental properties rather tightly. This is the offspring of a friend, but I've had enough.

Fr_Chuck · Mar 31, 2008, 07:48 PM

Normally yes, Florida has some fairly liberal courts and we have heard here of some issues with evictions for varoius reasos at times, or at least delayed evictions.

Before the electric goes off, there should be some written notice given that in... days electric has to be transferred since you are removing it from your name as per lease,

But yes, you are right, you should be able to, just in many courts if you give or follow a practice, courts have been known to ignore things for what your actions have shown to be another course of action.

polly1202 · Mar 31, 2008, 07:57 PM

I did let them know, in writing (written on a copy of the latest utility bill that goes yet unpaid) over a week ago that the utilities were scheduled for shut-off on the 1st. Maybe this is ample notice. I just really feel like I've been screwed. Any reasonable judge would see that. Failing to pay the rent and the utilities are only the first 2 in a laundry list of problems with this guy as far as violations to his lease. He's a free-loader, not a tenant who's been wronged.

twinkiedooter · Apr 2, 2008, 10:37 AM

Your first and biggest mistake was not having the tenants make their own electric utilities arrangements. That was a huge hole you left open and they drove a Mack truck right through it. I owned property in Florida and anytime I had a new renter I insisted they get their own electric and pay their own electric bills.

You have certainly been taken for a ride. Now it's time to evict Mr. Freeloader and take him to court and get a judgement against him for the back rent and the utilities. This is going to be an expensive lesson for you to learn, but I feel that you will learn it well.