If my tenant refuses to leave and I’ve served the 3-day notice, if she also owes the electric bill which is in my name, canI have it shut off?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my tenant refuses to leave and I’ve served the 3-day notice, if she also owes the electric bill which is in my name, canI have it shut off?
My tenant has 3 days to pay or leave, starting today. She said she has 2 weeks to leave since that’s how long the eviction process will take. I made the mistake of leaving the utilities in my name with her promising to pay them on time. The electric bill is due2 days after the 3-day notice is up. Can I turn the electric off after the due date passes and make her put it in her name to avoid it going against my credit? She’s supposed to be out before that but if she’s not will I be forced to pay the bill and the late fees while she’s “squatting” in my house?
Asked on July 26, 2011 Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you shut off the electricity of your tenant in the house she is renting from you which is in your name as a result of the tenant not vacating the property or paying due rent after service of a three day notice to pay or quit, the results to you will be detrimental.
The tenant could sue you for retaliatory eviction for turning off the power in response to her continued occupancy of the unit without paying the required rent after service of the three day notice to pay or quit.
Keep the power on at all times and in your name to maintain the status quo. Contact a good landlord tenant lawyer and proceed with your unlawful detainer action against the tenant and rely on the attorney's advice in this situation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.