Tenant Refusing to Turn Heat On During Cold Weather

Tenant Refusing to Turn Heat On During Cold Weather

Timothy BurnsPro Member
Investor · Member since 2021 · 58 posts · 19 votes

I am nearing the end of a lease with my current tenant, set to expire January 31, tenant has become very angry and vindictive. 

Gave 60 days notice that we will not be renewing the lease. 

This is my first duplex that I am living in, and tenant continues to turn heat completely off while temps are at/near freezing. 

Lawyer advised this could be considered an emergency situation so I "could" enter without notice. 

Either way, tenant is continuing to leave heat off and has said they will not be moving anything out until the 31st of Jan.  

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Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
2y
Quote from @Timothy Burns:

It's at 24 degrees tonight. 

They've been notified, and are doing it vindictively. 

She's sleeping in there tonight with her daughters and the heat off. 

@Timothy Burns, I would contact code enforcement. If the heat isn't above the legally required temperature they might declare the unit uninhabitable and boot the tenant out until the situation is rectified (which will of course be a day later when they can come back and verify the temperature is back to normal).

I would also call child protective services. The parent choosing to keep the temp at an unsafe temp with children could be a sign of mental health issues and they may need to take the children away to keep them safe. 

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    2y

    If their lease is up jan 31, then they don't have to move anything until then as long as they are out by midnight on the 31st.

    Let them know they will be responsible for burst pipes.  Chances are if it is near freezing, the pipes will be fine.  They are running the water in the house and the house is insulated, so the actual temp in the house will be above freezing.

  • Timothy BurnsPro Member
    OP
    Investor · Member since 2021 · 58 posts · 19 votes
    2y

    It's at 24 degrees tonight. 

    They've been notified, and are doing it vindictively. 

    She's sleeping in there tonight with her daughters and the heat off. 

  • Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
    2y
    Quote from @Timothy Burns:

    It's at 24 degrees tonight. 

    They've been notified, and are doing it vindictively. 

    She's sleeping in there tonight with her daughters and the heat off. 

    @Timothy Burns, I would contact code enforcement. If the heat isn't above the legally required temperature they might declare the unit uninhabitable and boot the tenant out until the situation is rectified (which will of course be a day later when they can come back and verify the temperature is back to normal).

    I would also call child protective services. The parent choosing to keep the temp at an unsafe temp with children could be a sign of mental health issues and they may need to take the children away to keep them safe. 

  • Timothy BurnsPro Member
    OP
    Investor · Member since 2021 · 58 posts · 19 votes
    2y
    Quote from @Kevin Sobilo:
    Quote from @Timothy Burns:

    It's at 24 degrees tonight. 

    They've been notified, and are doing it vindictively. 

    She's sleeping in there tonight with her daughters and the heat off. 

    @Timothy Burns, I would contact code enforcement. If the heat isn't above the legally required temperature they might declare the unit uninhabitable and boot the tenant out until the situation is rectified (which will of course be a day later when they can come back and verify the temperature is back to normal).

    I would also call child protective services. The parent choosing to keep the temp at an unsafe temp with children could be a sign of mental health issues and they may need to take the children away to keep them safe. 


     simplest answer is the best usually.........thanks!   

  • Timothy BurnsPro Member
    OP
    Investor · Member since 2021 · 58 posts · 19 votes
    2y

    @Kevin Sobilo Child Protective Services said thats not a reportable offense. 

  • Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
    2y
    Quote from @Timothy Burns:

    @Kevin Sobilo Child Protective Services said thats not a reportable offense. 


    Did they explain how children being kept in an unheated home in winter would not be reportable since its unsafe?

    I would also try the police they might do something as well to protect the children.
  • Rental Property Investor · Upstate, NY · Member since 2012 · 3k+ posts · 3k+ votes
    2y
    Quote from @Timothy Burns:

    @Kevin Sobilo Child Protective Services said thats not a reportable offense. 

     exactly.....we had a tenant with Roaches crawling over the bed of her disabled child when our pest guy went in to spray. CPS would not intervene. Had to have code enforcement get a court ordered judgement to enter & shut down the abode as uninhabitable. 

    inherited another tenant with a 3 week old new born living in disgusting conditions with a huge weed grow operation in the basement. CPS was present when I entered & handed them the eviction. CPS had been notified by the EMT who revived the mother after an OD, but CPS did nothing. Also sent pics of the grow operation to law enforcement...NOTHING !!!

  • Accountant · Bryn Mawr, PA · Member since 2023 · 409 posts · 321 votes
    2y

    Truly bizarre my experiences were always the opposite I would walk into a non payer and the place would be 90 degrees plus or if furnace needed a reset the oven would be turned into a space heater

    Because you are literally attached to these tenants and occupy the same building be as proactive as possible and keep your cool and deescalate to keep you safe too!  

  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    2y

    I would install a thermostat with an upper and lower range that the tenant cannot go past. This could be done by yourself if you're lightly handy. 

  • Timothy BurnsPro Member
    OP
    Investor · Member since 2021 · 58 posts · 19 votes
    2y
    Quote from @Andrew B.:

    I would install a thermostat with an upper and lower range that the tenant cannot go past. This could be done by yourself if you're lightly handy. 


     I am, what are these called? 

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    2y

    @Timothy Burns  we us landlord stat by Chicago temperature control.  Not sure exactly what they are called. The only thing is there is still an off switch on almost every thermostat so you might be better off with a wifi thermostat that you can set at a minimum of 50 remotely and she can set higher if she wants. If it is a side by side you can possibly do some heat in the basement that will protect you. 

  • Rental Property Investor · Closter, NJ · Member since 2015 · 884 posts · 722 votes
    2y

    The heat pipes will freeze and burst if the heat is not left on.  That will cause major damage to Landlord's property. Is Tenant responsible for paying the utility (heat) bill?  Could that be why the Tenant is keeping the heat off?

  • Timothy BurnsPro Member
    OP
    Investor · Member since 2021 · 58 posts · 19 votes
    2y
    Quote from @Judy Parker:

    The heat pipes will freeze and burst if the heat is not left on.  That will cause major damage to Landlord's property. Is Tenant responsible for paying the utility (heat) bill?  Could that be why the Tenant is keeping the heat off?


     yes and yes. 

    she became angry 6 months ago when I began enforcing the lease, and it has just continued. 

    tried to do the peaceful seperation, and she has begun moving thing out already (THANK GOD) but is very vindictive. 

  • Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
    2y

    @Timothy Burns I would think less about this tenant and more about your investment. Can you take the bill back over and make sure the heat is on somehow? Maybe temporarily move a thermostat into your unit or into a locked space she can't access? Again, it is more about preserving your investment for a few short months until this is over. 

    It is easier if you can back away from the emotion in these situations. You will have mostly good tenants over your career, so try to think more about preserving the building and this will be over soon. 

  • Timothy BurnsPro Member
    OP
    Investor · Member since 2021 · 58 posts · 19 votes
    2y

    So she arrived at the property with a group of people, while I was there, and initated an altercation over all of this. 

    Threatening to sue me, beat me up, burn down the building, etc etc (ALL caught on camera) 

    would like to remove her after this. 

    The police advised to file a protective order, which was denied because Judge said it needed to be filed as an eviction. 

    Civil records clerk claims the only forms they have are landlord/tenant eviction based on non payment of rent and I need to google the form I need. 

    Does this sound right and any idea what petition form this is? 

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    2y

    @Timothy Burns on tape she threatens to beat you up, burn down the buidling and that isn't enough...  I would file for the eviction and I like the idea to rewire the thermostat so she can't shut it off. Not sure how you do that though.  Just set it at 50 and maybe break the off switch.  

    At this point just get a good eviction lawyer. 

  • Timothy BurnsPro Member
    OP
    Investor · Member since 2021 · 58 posts · 19 votes
    2y

    @Colleen F. have already talked to lawyer, he said we can't get a court date until jan. 29th, lease ends the 31st. 

    he said to immediately file unlawful detainer on feb 1st if she's not gone. 


    and NO, all of that wasn't enough.  what ********. 

  • Investor · Member since 2022 · 157 posts · 162 votes
    2y

    @Timothy Burns fingers crossed for you... sounds horrible. I'm in the middle of an eviction now and the tenant has not paid since July, when my agent goes by he's never there and his "girlfriend" and some local rif-raff seem to have pretty much taken over. Per legal advice we cannot just change locks and have to wait for eviction to proceed. I'm really hearing the echoes of everyone on the forums here talking about the importance of tenant selection (we inherited this tenant).

    Fingers crossed for you, I can only imagine how stressful it must be.

  • Timothy BurnsPro Member
    OP
    Investor · Member since 2021 · 58 posts · 19 votes
    2y
    Quote from @George Red:

    @Timothy Burns fingers crossed for you... sounds horrible. I'm in the middle of an eviction now and the tenant has not paid since July, when my agent goes by he's never there and his "girlfriend" and some local rif-raff seem to have pretty much taken over. Per legal advice we cannot just change locks and have to wait for eviction to proceed. I'm really hearing the echoes of everyone on the forums here talking about the importance of tenant selection (we inherited this tenant).

    Fingers crossed for you, I can only imagine how stressful it must be.


     thanks and the same to you! 

    some people are just good at putting up a good front in the begginning and I thought I thoroughly vetted this tenant but she has definitely provided me with a learning experience! 

  • Real Estate Agent · Cupertino, CA · Member since 2016 · 4k+ posts · 1k+ votes
    2y

    Here in Sunny California tenant thinks 63 degrees outside is freezing. Besides a central gas heated inside almost new home. He bought a 4.5KW electric radiant heater with windows open at night.  Guess what? The PG&E bill was $1,200 last month. Forget to stipulate utilities in the lease. Contemplating to evict the tenant out.

  • Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
    2y

    @Timothy Burns it is unfortunate that the system treats everything the same.  You have to really force law enforcement to take things seriously because the default they are given is to put this into the eviction system which takes 6-9 months. 

    I believe the form you want to use is a 10-day lease violation, but if you are speaking to an attorney, that is the way to go. The 60-day notice of lease termination is the more effective type of eviction for sure though.

     In the meantime, stay calm and preserve your asset. If the tenant refuses to turn on the heat, figure out how to control the heat so it is a safe temperature in the building. This tenant is a temporary issue, and you will have your building back soon enough. 

  • Member since 2023 · 2 posts · 0 votes
    2y

    I didn't read every post but was a smart thermostat recommended? One that you, yourself can set and control at any time from your phone?

  • Timothy BurnsPro Member
    OP
    Investor · Member since 2021 · 58 posts · 19 votes
    2y
    Quote from @Dana Briscoe:

    I didn't read every post but was a smart thermostat recommended? One that you, yourself can set and control at any time from your phone?


     somebody mentioned a thermostat I could control but didn't say what kind. 

    I don't currently have one of those, the one installed in the tenant's unit can't be reset by them once I install It? 

  • Timothy BurnsPro Member
    OP
    Investor · Member since 2021 · 58 posts · 19 votes
    2y
    Quote from @Dana Briscoe:

    I didn't read every post but was a smart thermostat recommended? One that you, yourself can set and control at any time from your phone?


     and are they expensive? 

  • Timothy BurnsPro Member
    OP
    Investor · Member since 2021 · 58 posts · 19 votes
    2y

    @George Red little post update filed in a different court and that judge granted me the ex parte now just need to get her served. 

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