electricity transfer

[landlord51]

What is the name of your state (only U.S. law)? PA

Hi,

Made a colossal mistake on a tenant. She gave me a bad check; I gave her the keys; we both signed the lease. Check bounced after she was moved in after 5 days.

But now a new problem: after her Dec. 1 move-in (it's the 13th), she still hasn't transferred the electricity out of the landlord's name (me) to her own. I don't know what right I have to close the account in my name with the electric company. Can I turn the electricity off? The lease states that the electricity is paid for by tenant. Right now she's stealing from the landlord. She was instructed at the time I gave her the keys to transfer it immediately. She won't return my calls, she certainly won't make good on the check, and I filed for eviction today. But she will squat for the next 6 weeks until the constable comes. But I don't want to pay for her electricity (I'm already paying for her heat and water).

Thanks in advance for your help!What is the name of your state (only U.S. law)?

 

[applecruncher]

Wow, landlord51, sorry this happened. What a double smack in the face. I’ll skip beating you up (sounds like you’re already doing that anyway). I’ll commend you for starting the eviction process. As far as the electricity – it appears you can’t have it shut off, but this is what I found:

Can my landlord turn off my electricity if the bill is in his name and ask me to leave when rent is paid on time and is current? - Avvo.com

(excerpt)
“ . . . I am a Pennsylvania lawyer, so I don't know the specific laws that might apply in NH, but it is an important question that applies to many other tenants.

When a landlord instructs the utility to turn off service, especially in the winter, that constitutes a constructive eviction. In Pennsylvania we have a statute that prohibits the utilities from turning off service without notifying the tenant and giving the tenant an opportunity to pay for the last 30 days' service . . . “

You should, of course, prosecute her for the bad check and add the cost of bank fees AND electricity to your claim in court.

Maybe some of the landlords here in the forum can advise you. Keep checking back.

 

[landlord51]

Thanks for your reply...

Just some background info:

Her heat & water stay on (& hot water) - these are "included." The only "not-included" utility is electricity. This is expected to be paid for by the tenant. It is stated on the lease she signed, and it was stated verbally to her multiple times (when she was inquiring about the apt, after we offered her the apt, and when we handed her the keys). Again, it's on the lease we both counter-signed. It's not an "eviction" because all she has to do is transfer it to her name to get it on, and she won't even do this. Turning the electricity back on will be entirely in her control. Also, the electricity is so minimal this time of year (less than $20 a month). I am going through all of the standard channels to evict her through the district court, and today I filed on her. And I know we can make her responsible for the electricity bill along with all of the legal fees, late fees, etc., it's just that she's STEALING it right now.

I found this under the utility company's policy - from an online press release regarding Act 201:

There are certain times [electric company] may shut off service without giving notice. These include when a customer is stealing service, getting service through fraud, tampering with our meter, or if there is an unsafe condition.

Does this apply to my case?

Thanks again!

 

[FarmerJ]

You are free to contact the elect util and offer to them a copy of the lease and they can send to the tenant a notice to contact them or they will disconnect it , I would say with out valid account information they may well be able to shut it off with no penalty to them if she refuses to comply. Then ask them for applications for services and from now on and INSIST tenant fill it out before signing a lease and you be the one to forward to the elect util the card and a copy of the lease , A little extra hassle but it will help insure that it is done and make a point of taking readings too if your paying for a empty unit in the future so you can call it in to final out your bill.

 

[aldaron]

Tenant didnt pay the amounts for the lease to take affect**************no lease exists.

 

[FarmerJ]

Tenant letting the check bounce is separate issue lease is valid and tenant has occupancy. ALD with that logic one could return a item they bought and used for a while and have no penalty , its still against the law to write worthless checks, the check bouncing is separate issue.

 

[landlord51]

FarmerJ - thanks for this advice...I will call the utility company tomorrow and go this way. And I absolutely will insist the 'application for services' be filled out before giving anyone keys from now on (not to mention wait for the check to clear).

Tenant didnt pay the amounts for the lease to take affect**************no lease exists.

Is this true? Can you say more about this? Also - when I went to the district court office this morning I chit-chatted w/an officer who told me that if we didn't have the lease we could just change locks & get her out & police could help since she hasn't paid a penny. I haven't talked to a lawyer officially - just this cop. But since there's a lease we have to go through entire (minimum) 6 week process = filing, hearing, possession, more money, & wait for appeal - which I'm more than familiar with.

Here's the sweet deal my new tenant gets:

6 weeks EXPENSE-FREE living includes:
-housing
-heat
-water & sewer
-hot water
-electricity
-trash removal
-parking

Pretty good, huh? Is there a chance if lease is null and void due to non-payment we can kick her out? Anyone know PA law on this?

thanks again for any advice

 

[applecruncher]

landlord51
Please ignore aldaron.
Go with what FarmerJ and officer at the court told you.

 

[FarmerJ]

L51 take the time to review your states laws for bad checks too. Also in the future consider doing this , when your first starting out with a new tenant insist that they must use cash for deposit and first month( and if you collect last month cash too for that) since cash cannot bounce , Make sure you have a reciept book handy and give reciept too. if the tenant applicant doesnt want to do that , you are free to ask your bank how much cashiers checks are from them, NOT money order but a cashier check bought and drawn on your bank is and insist that any first time tenant use cash or buy cashier check from the bank you deal with, since it could reduce the chance of being given a fake cashier check or money order by being from your bank. ( some banks will let a customer set up a deposit only rent account that a tenant can use to walk in and pay the rent to that account every month in cash if they dont have a bank of their own since it would let you telebank to verify deposit was made)

 

[FarmerJ]

BTW you wrote >when I went to the district court office this morning I chit-chatted w/an officer who told me that if we didn't have the lease we could just change locks & get her out & police could help since she hasn't paid a penny. < the problem I see with that is personally I see it as his /her opinion because if you did change the locks I can see a tenant who will scream to the court system you illegally locked them out and a judge going for it. another thing happening too , in many places unless its a extremely high amount NSF check local law enforcement wont do anything. Your city county atty can tell you if there is a dollar threshold used to determine when they can help bad check victims after the bad check victim has followed the state law for notice to be sent out to the bad check writer and notice is ignored.

 

[Who's Liable?]

BTW you wrote >when I went to the district court office this morning I chit-chatted w/an officer who told me that if we didn't have the lease we could just change locks & get her out & police could help since she hasn't paid a penny. < the problem I see with that is personally I see it as his /her opinion because if you did change the locks I can see a tenant who will scream to the court system you illegally locked them out and a judge going for it. another thing happening too , in many places unless its a extremely high amount NSF check local law enforcement wont do anything. Your city county atty can tell you if there is a dollar threshold used to determine when they can help bad check victims after the bad check victim has followed the state law for notice to be sent out to the bad check writer and notice is ignored.

X2...

The advice given by the officer is their opinion and NOT legal advice. I would NOT chance changing the locks as the tenant WILL file for an illegal lock-out and eviction.

 

[applecruncher]

FarmerJ &#8211; (sidebar question)
I was wondering if a landlord can legally request cash for first mo rent & sec dep until a rental pattern is established (or even forever), but looks like you already answered. Otherwise a scammer could go around writing bad checks, living for 2/3 months till they get kicked out, and on to the next nice-guy LL.
My question: not sure I&#8217;m understanding why you say only a certified check and NOT a money order.

and:

Tenant letting the check bounce is separate issue lease is valid and tenant has occupancy. ALD with that logic one could return a item they bought and used for a while and have no penalty , its still against the law to write worthless checks, the check bouncing is separate issue.

I understand the bad check is a separate issue. But the grounds for eviction will be &#8220;non-payment of rent&#8221; &#8211; right?

 

[landlord51]

Tenant letting the check bounce is separate issue lease is valid and tenant has occupancy

okay, thanks FarmerJ - I missed this - I understand - it's the fact there is 'occupancy' which overrides anything else. So the whole eviction procedure is inevitable.

Also in the future consider doing this , when your first starting out with a new tenant insist that they must use cash for deposit and first month( and if you collect last month cash too for that) since cash cannot bounce

My policy is "cash only" for the first month - this was my error on so many levels.

the problem I see with that is personally I see it as his /her opinion because if you did change the locks I can see a tenant who will scream to the court system you illegally locked them out and a judge going for it. another thing happening too

Yes - I'm getting the feeling I'm dealing with a pro with this lady. So far she's been an adept liar and seems to know all of her rights.

I am going to pursue the bad check. That's my next step. I don't know if I can do this without a lawyer. But I did look up PA state law on bad checks. We have to wait 10 days after we notified her (that will be the 16th on Thurs.). Not sure to call police or call a lawyer on that one. What a nightmare this is; but I don't want to let this one slide.

Thanks for all of this advice - it's extremely helpful.

I would NOT chance changing the locks as the tenant WILL file for an illegal lock-out and eviction.

You're right - she will. And a lock-out does appear to be illegal, so not an option after all.

 

[atomizer]

You might want to consider having your tenants sign a waiver notice from now on. I make my tenants show me a receipt that utilities are under their name before they get the keys. Otherwise, they do it at their convenience.

 

[FarmerJ]

If people are able to fake - create false checks via printing progs whats to stop them from creating fake money orders and using them , it can take the same kind of time for fakes to be returned as it does for NSF checks and by then the person who offered it is in the door. Thats why I wouldnt accept money orders from a first timer since if a fake was used it they could still work it making a LL go through all the steps to get them out. If a LL required cash or cashier check to come from the bank they do business with the LL can ask the bank to verify it on the spot before depositing it. ( I have had it take almost three weeks once for a check I deposited to be returned to me as NSF , really stinks too because it was a pay check , never did I imagine that it could take that long , but it did)