Interrupting the Tenant’s Utilities

Handling the Tenant’s Utilities Can be Tricky…

Landlords and landlords’ agents are prohibited from certain conduct with regard to rent collection. For example, neither may interrupt or  cause the interruption of utilities paid by the tenant directly to the utility company unless the interruption results from bona fide repairs, construction, or an emergency.

A landlord is generally prohibited from interrupting water, wastewater, gas, or electric service furnished to a tenant by the landlord as an incident of the tenancy or by other agreement. However, interruptions resulting from bona fide repairs, construction, or an  emergency are permissible.

The landlord is absolutely prohibited from any other interruption of the tenant’s utilities.

Residential lease provisions waiving rights or exempting a party from a liability or duty under the provisions relating to interruption  of utilities, or wrongful removal of property or exclusion of the tenant are void.

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