Nightmare Renter, Never switched over Utilities...Can I turn off?

Question

My parents bought a house and rented it to my Brother and girlfriend (both on lease), in the lease it says renter is responsible for all utilities.   Warning:  My parents made a LOT of bad decisions on this so please take it easy on replies.

The BackStory

They let them both move in without paying any rent,  After 2 months of not receiving any Rent they started the eviction process.  My brother moved out and his girlfriend was 90% out,  she convinced my parents to stop the eviction because she needed 2 more days. Fast forward 2 weeks and she is still not out.   My parents stopped by today and now she has a roommate.     My parents when straight to the courthouse and now they have to wait 7 to 10 days for the Judge to review the prior eviction.

Question.

My parents have paid all utilities since they moved in but in the lease, it states tenant is responsible for all utilities.   This renter has stated she knows her rights and is not going anywhere anytime soon..

Can they legally turn off the utilities to the house to force her out?   I know you can't if you are responsible for them in the lease but did not know about this situation.

Thanks for any help

Jon Holdman · Answer

No.  That would be a self help eviction and would make a bad situation worse.  They need to go through the process properly and actually get her out this time.

Randy E. · Answer

Don't forget.  In this case, that would also mean the parents would be suing their son, not just the girlfriend.  The OP said both are on the lease.  Thus, if one is responsible for the unpaid utilities, both are legally responsible for the utilities.  Oh what a sticky thicket.

Amy Little · Answer

Although your parents cannot turn off the electricity to force an eviction. They might be able to take tenants to small claims court for back payment of utilities. They should strongly consider after the tenants are out.

Randy E. · Answer

The title of this thread should be changed to "Unprepared Landlord, Never switched off Utilities ... Can tenants take advantage of this ridiculous mistake???

Answer to your question: I'm not a lawyer, but I would never turn off the utilities in this situation ... meaning once eviction proceedings have commenced in court.  It seems that might be construed as landlord revenge at this point.  Just wait for the court and sheriff's department to finish the process.

Also, it seems the parents and brother should shoulder as much, if not more, of the blame for this situation than the girlfriend.  Not piling on your parents here, just pointing out that this could have been prevented.  But you know that.  And your parents know that.  They probably knew the risk they were taking.  Sometimes we have to get burned to learn better.

But with all seriousness, once the eviction process has nearly reached the end, never ever ever ever stop the process and give the tenant a chance to stay like that.  Never.

Good luck.

Trevor C. · Answer

Ok thanks,    I was thinking that might be the case but thought since it was not in the lease they could turn it off, it would basically be the same as if they scheduled to have utilities switched over at a certain time...

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All the lights are on 24/7.....Heat is at 80 and all windows and doors are open......Total nightmare.  Utilities were crazy last month.

Nightmare Renter, Never switched over Utilities...Can I turn off?

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