If my tenant who has no lease and only moved in 20 days ago, fails to pay can I turn off the power?
She moved into a trailer in my back yard. she paid me $200 and promised to pay the rest of the rent on the 10th. Rent is $400 and deposit is $100. I am supposed to provide water and power. She hasn't paid anything since. I gave her a three day notice and she didn't leave so I turned off her power. She called the cops and they told me I need to turn her power back on. How is this. If I don't pay PGE they can shut off my power but if she doesn't pay the rent that pays for the power I can't shut her off. My question to you is if I don't pay pge and they shut off my power then what are the cops going to do then? I understand court cant take up to six months to remove her. what would you do?
2013-10-27T16:03:19Z
so if pge turns off my power for non payment she can sue me then too?
Landlord2013-10-27T18:19:52Z
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"... I don't pay pge and they shut off my power then what are the cops going to do then?..." They ARREST then. It is a criminal offense for the landlord to turn of the power. Yu will remain in custody until you have the power re-established. And yes, you bet your bananas she can sue you. She is going to win too, you are in CA, and judges will livid that you pulled this crap.
Since you control if it is paid or not you have to keep it on as long as she lives there. Her paying rent or not paying rent does not matter one iota. She'll end up owning the place if continue pulling BS moves like that. You really screwed yourself when you want to evict her, the judge can award her 6 months rent free living.
Yes it is illegal to shut off her power. Technically yes she can sue if you don't pay the electric bill and PGE turns off the electricity. You need to move her out asap, it has only been 20 days see if there is a law in your state regarding length of tenancy, some states if someone has been living in an area less then 30 days and the property owner wants them out, they don't need to go through the eviction process they can just evict. But check with your state laws first.
Also before you rent out again be sure to brush up on your state laws and also have a lease in hand for the person to sign. You may also want to get a separate electricity line installed so the bill can be placed in your tenants name instead, that way if the power gets shut off for non-payment that is on them not you.
First of all... NEVER do verbal lease agreements. You should have had first and last month's rental and deposit up front. Go back with a paper lease and have her sign it... if she won't, you tell her to get off the property or you will have the trailer disconnected and hauled out onto the street. She needs to have her deposit and rent up to date or pay a late fee. Lease should also state other remedies such as landlord liens and such. She hasn't been there a whole month as yet... make the overtures to make it work. If you are into the second month without her being caught up on the rental, you need to go down to the county courthouse and file for eviction... it will cost a modest fee and they will set a date for the deputy sheriff to arrive and remove her. You need to be present with a locksmith to change out any locks into that yard.
It is illegal to turn the utilities off. You have to do this the legal way and serve her with a 3-day notice and if she does not go, you get a court order then you get a date and the marshall or sheriff will remove her. You should have gotten a deposit up front and checked references. Get the eviction process started. There is nothing you can do legally. You can sabotage the heater in the trailer and refuse to fix it. Then she will call the city and they will fine you and red flag the trailer and she will have to leave.
You need to study up on the laws in your state. For one, you never have any right to violate the lease agreement. Even if the tenant does not pay. Your ONLY recourse is a legal eviction. A 3 day notice only STARTS the eviction. You must follow through with the rest of the process. If you turn off the power, you're going to find out that SHE will sue YOU (and win!). Do your homework.