Tenant retaliating by shutting off power in breaker box

Tenant retaliating by shutting off power in breaker box

Member since 2020 · 4 posts · 0 votes

Hello BiggerPockets community. I own a duplex and live downstairs. For a variety of reasons, I am wary of the upstairs tenants shutting off power to the property using the breaker box in their unit. What can be done in the case that they do? There are switches in their breaker panel that directly control power in my downstairs unit. I need to mitigate the damage that may be incurred if they do, or simply prevent them from accessing it. 

It should be noted that I live in a very cold climate, and having the power shut off for any part of the property will result in whatever is inside to freeze — including me.

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
5y

Report them to the police, every single time. At the same time, start the eviction process.

The DIY Landlord Book4.7248 Reviews
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  • Member since 2020 · 4 posts · 0 votes
    5y

    Evictions take weeks. Are you telling me there’s nothing I can do if they turn off the power and I freeze to death down here?


    In a sense, I’m not joking. They’ve become increasingly unstable and I am in fear that they will do something irrational and dangerous like this. If they turn off the power and I get too cold, can I call the police? What would they be charged with?

  • Member since 2020 · 4 posts · 0 votes
    5y
    Originally posted by @Account Closed:

    Yes, call the police. Or just go up there and turn it back on, it's an "emergency", you don't need to give notice.

    That’s helpful, thanks.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    Report them to the police, every single time. At the same time, start the eviction process.

    The DIY Landlord Book4.7248 Reviews
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y
    Originally posted by @Mervin James:

    Evictions take weeks. Are you telling me there’s nothing I can do if they turn off the power and I freeze to death down here?


    In a sense, I’m not joking. They’ve become increasingly unstable and I am in fear that they will do something irrational and dangerous like this. If they turn off the power and I get too cold, can I call the police? What would they be charged with?

     If they turn off the power to your unit, you give them notice and let them know you are entering their unit to check the breaker.  If it is an emergency (and power failure should qualify), you do not need to give 24 hours' notice to enter.  Just give them notice and go in.

  • Property Manager · Windsor Locks, CT · Member since 2016 · 1k+ posts · 1k+ votes
    5y

    Really? I'm just thinking about all those panels that are hidden away in MFR basements scattered around CT / MA. Most of the time tenants don't have access to the utility portion of the basement (if they even have access to the basement at all).

    I was going to suggest putting a lock on the door, if at all possible. Some of them have loops that you can slide a combination lock through. In the event of an emergency, any decently equipped fire department would be able to break it off. 

    The lock would only keep honest people honest, which is usually the case around locks. 

  • Member since 2020 · 4 posts · 0 votes
    5y
    Originally posted by @Filipe Pereira:

    Really? I'm just thinking about all those panels that are hidden away in MFR basements scattered around CT / MA. Most of the time tenants don't have access to the utility portion of the basement (if they even have access to the basement at all).

    I was going to suggest putting a lock on the door, if at all possible. Some of them have loops that you can slide a combination lock through. In the event of an emergency, any decently equipped fire department would be able to break it off. 

    The lock would only keep honest people honest, which is usually the case around locks. 

    Curious about the legality of this. 

  • Rental Property Investor · MA · Member since 2014 · 420 posts · 213 votes
    5y

    @Mervin James I find myself saying this a lot lately on here, call your attorney and get REAL legal advice.  Period.  There are some things group advice is great for.  Legal issues and mediation are not one of them.

    A 30 min call to a qualified and local professional(laws are always different) will be worth the money.  You will also probably feel batter as well.

  • Property Manager · Windsor Locks, CT · Member since 2016 · 1k+ posts · 1k+ votes
    5y
    Originally posted by @Account Closed:

    That is highly illegal. Breakers are an emergency device, they are to be accessible to every tenant in an emergency. Think of it the same as a smoke detector. Locking breakers is a BIG no-no, unless they are in the off position.

    I would imagine that as long as they have access to the master / main breaker, then that would be sufficient. However, I'm not an electrician, so there is that. In my experience the master shutoff is outside of breaker panel anyways when it's been upgraded. Many towns require main shutoffs at an exterior point now a days anyway. 

    What an all around crappy situation. 

  • Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes
    5y

    Where are you located? The laws vary greatly from state to state and even between municipalities. My lease (and Ohio state law) gives me the right to enter any unit in an emergency with no notice at all to look for or rectify a problem. Depending on your jurisdiction, you may just be able to enter their apartment and flip the switch as needed. If they persist in turning off your power, you may be able to file a criminal complaint.

  • Rental Property Investor · Columbus, OH · Member since 2017 · 3k+ posts · 3k+ votes
    5y

    @Mervin James If you are living in the downstairs unit, Id say get a new upstairs tenant.

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    5y

     Has he threatened to do it? , if not I wouldn't bring it up.   For the future I would plan to add a subpanel or move the main to a common area.  If there is harassment by your tenant file a police report.  You probably need a lawyer to help you get this tenant out if you are that afraid. However, most states have a provision to let you enter in an emergency for immediately needed "repairs"

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