Can I turn off gas service non paying tenant?

Can I turn off gas service non paying tenant?

Springfield, IL · Member since 2015 · 26 posts · 7 votes

I have a non paying tenant. Gas service is in my name. She won't move, can't pay anything, and can't evict. Can I cancel the gas service or could I get in trouble for this?

Thanks

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Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
5y

@Frank Nguyen Unfortunately, you can’t shut off a tenant’s utilities. It can be considered a self-help eviction and is prohibited. A good reason not to have any utilities that you don’t have to in your name. 

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  • Jonathan StyerBusiness Member
    Real Estate Broker · Columbus, OH · Member since 2018 · 330 posts · 396 votes
    5y

    Check Illinois law. I know in Ohio this would be considered a constructive eviction and is a sizeable no no. 

    Styer Real Estate Professionals4.941 Reviews
  • Investor · Florham Park, NJ · Member since 2019 · 55 posts · 39 votes
    5y

    Just thinking in terms of optics, this could be disastrous for you if you are a landlord in the same town in which you live. There's moratorium's across the country on evictions and the cutting off of utilities for non-payment. 

    Why would you leave utilities in your name on a rental?

  • Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
    5y

    @Frank Nguyen Unfortunately, you can’t shut off a tenant’s utilities. It can be considered a self-help eviction and is prohibited. A good reason not to have any utilities that you don’t have to in your name. 

  • Remington LymanBusiness Member
    Real Estate Agent · Columbus, OH · Member since 2017 · 6k+ posts · 7k+ votes
    5y
    Originally posted by @Jonathan Styer:

    Check Illinois law. I know in Ohio this would be considered a constructive eviction and is a sizeable no no. 

     What if you needed to turn it off for a gas leak and now the tenants will not let you in due to you evicting them? Asking for a friend...

    My 6 unit on Stanley Ave Columbus, Ohio

  • Jonathan StyerBusiness Member
    Real Estate Broker · Columbus, OH · Member since 2018 · 330 posts · 396 votes
    5y

    @Remington LymanA gas leak is an emergency and hopefully your lease allows you to enter without 24 notice due to emergency. You own the property and have the right to access the property for health and safety reasons. If you need to drill out the locks to enter you have that right as long as you provide the tenants with a key - which is not ideal when they are in the process of being evicted. 

    Styer Real Estate Professionals4.941 Reviews
  • Remington LymanBusiness Member
    Real Estate Agent · Columbus, OH · Member since 2017 · 6k+ posts · 7k+ votes
    5y
    Originally posted by @Jonathan Styer:

    @Remington LymanA gas leak is an emergency and hopefully your lease allows you to enter without 24 notice due to emergency. You own the property and have the right to access the property for health and safety reasons. If you need to drill out the locks to enter you have that right as long as you provide the tenants with a key - which is not ideal when they are in the process of being evicted. 

     Nah I already turned it off. I am just hoping they leave on their own cus it is cold

  • Kenneth GarrettPro Member
    Investor · Florida Panhandle/Illinois · Member since 2016 · 4k+ posts · 3k+ votes
    5y

    @Frank Nguyen

    It is illegal to purposely turn off a utility while a tenant occupies the unit.  You would put yourself in a bad situation with the law.  I understand why you would want to do this, but the law was put into place because terrible landlords did illegal evictions for years.

  • Jonathan StyerBusiness Member
    Real Estate Broker · Columbus, OH · Member since 2018 · 330 posts · 396 votes
    5y

    I hope your pipes don't freeze. 

    Styer Real Estate Professionals4.941 Reviews
  • Remington LymanBusiness Member
    Real Estate Agent · Columbus, OH · Member since 2017 · 6k+ posts · 7k+ votes
    5y
    Originally posted by @Jonathan Styer:

    I hope your pipes don't freeze. 

     oooo that would suuuuck

  • Rental Property Investor · Brooke Park Drive · Member since 2018 · 1k+ posts · 2k+ votes
    5y
    Originally posted by @Frank Nguyen:

    I have a non paying tenant. Gas service is in my name. She won't move, can't pay anything, and can't evict. Can I cancel the gas service or could I get in trouble for this?

    Thanks

    I’d recommend investing in Columbus, OH it’s a great market with cash flow and appreciation!

  • Remington LymanBusiness Member
    Real Estate Agent · Columbus, OH · Member since 2017 · 6k+ posts · 7k+ votes
    5y
    Originally posted by @Account Closed:
    Originally posted by @Frank Nguyen:

    I have a non paying tenant. Gas service is in my name. She won't move, can't pay anything, and can't evict. Can I cancel the gas service or could I get in trouble for this?

    Thanks

    I’d recommend investing in Columbus, OH it’s a great market with cash flow and appreciation!

     Hot take! What makes you say that?

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y

    No you can't.  Why not offer her the equivalent of one month's rent to move?  Don't give it to her until she's out, handed over the keys and you've inspected the place.  Give her 48 hours to decide and then 2 weeks to find a new place. Most landlords know they are unlikely to ever see any of the rent that was unpaid during covid.

  • Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    5y

    No. You can't do it, you can't threaten it, you can't let your tenant see this post.  What you can do is sue your tenant for non-payment of rent.  File a Small Claims Court Complaint - don't evict due to the moratorium - but do sue.  And, while you're at it, file for eviction. That way you'll be in line when the moratorium lifts.  

    Don't do anything that will in the end cost you more money and place you in harms way.  

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