Shutting off the gas

[Moshe H.]

I have a tenant who was supposed to be paying gas (heat & gas stove) but never put the utility in her name. I called them today to shut it off, which they will do Monday.

I know that under the law the landlord must provide heat from Sept. 16 onward. But here, it states clearly in her lease and was explained to her that she must pay for utilities. Will I face legal trouble if I don't turn it back on by the 16th, due to that code, or am I ok because she agreed in the lease to pay for her own heat?

To clarify: The property is in MA.

@Rich N. ;-)

[Rich N.]

Overall you should be fine if the lease was recently signed off. 

To cover yourself, if you have not, send the tenant a reminder letter or text (keep the text) that basically states according to the lease agreement, you have notified the utilities to turn it off under your name and they should call them to activate it under their name.

As for the 16th date, that is if you were supplying/paying for the heat.  I think it is from September to June. What you are required to do is keep a functional heating system.