Landlord Question and Answer Forum

Forum / General Property Management / shutting off utilities for none payment of rent
if all utilities are in my name and the tenent doesnt pay rent can I shut off their their utilities
anne k, TN on Sunday, July 5, 2009
RE: shutting off utilities for none payment of rent
Under Tennessee's Uniform Landlord Tenant Act: Failure to supply essential services. (a) (1) If the landlord deliberately or negligently fails to supply essential services, the tenant shall give written notice to the landlord specifying the breach and may do one (1) of the following: (A) Procure essential services during the period of the landlord's noncompliance and deduct their actual and reasonable costs from the rent; (B) Recover damages based upon the diminution in the fair rental value of the dwelling unit, provided tenant continues to occupy premises; or (C) Procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance. (2) In addition to the remedy provided in subdivision (a)(1)(C), the tenant may recover the actual and reasonable value of the substitute housing and in any case under this subsection, reasonable attorney's fees.
Posted by Denise S, PA on Tuesday, July 7, 2009
RE: shutting off utilities for none payment of rent
Do not do it , I think it falls into self help eviction , If you get a judge that feels sorry for them you will pay dearly !
Posted by Donald G, MA on Tuesday, July 7, 2009
RE: shutting off utilities for none payment of rent
Don't do it. It is called "Constructive Eviction"
Posted by Kathleen P, MA on Tuesday, July 7, 2009
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