If a "renter" is not paying rent, is it illegal to still cut the water and electricity? 10 POINTS! FOR BEST?

by **edmondo93** » Fri Dec 30, 2011 10:46 am

If a "renter" is not paying rent, is it illegal to still cut the water and electricity? The reason why I put quotations around renter is because the "renter" is a family member. They have not been paying rent for 16 years, till now, they caused so much trouble, we can't take it anymore. Considering it's family member there was no lease. We asked lawyers and said what they are doing, not paying rent is illegal, and is a civil situation. The problem is we asked the police and said that if we do, and even if they haven't paid rent is illegal. But by law is that illegal? cutting electricity and water? A follow up question is, is we gave them a 30 day notice to be evicted. But the thing is, if they are not paying for electricity and water, we can stop paying for water and electricity and still just pay the rent to live in the house, right?

by **adamka** » Fri Dec 30, 2011 10:48 am

Hmm - in England Electricity would be legal but not water as it is considered a necessity for life.

by **tai38** » Fri Dec 30, 2011 10:50 am

b b

by **plys** » Fri Dec 30, 2011 10:59 am

OK, so let me get this straight. You've had someone living with you for sixteen years and have never asked for rent. That's not a renter, that's just someone living in your house. They are a family member, so it's a family member living in your house. Now you don't want them living there and you have given them notice to leave in thirty days. In the meantime, you want to shut off the electricity and water? why?

Right now, if they don't leave in thirty days, you have a clean claim - you asked them to leave and they didn't. That you are right and they are in the wrong will be clear to everyone - police, courts, lawyers - everyone.

Instead of having a clean claim, you want to shut off the water and electricity so that they would have something to complain about against you, making it a dispute with two sides to the story.

Illegal or not, why would you do something that is against your own interests?

And that's assuming nothing goes wrong. Let's say you cut the electricity, and the person trips and falls because it's dark and breaks their neck. Now they can sue you for damages, medical bills, and more, and you have to defend yourself against that. Whether they win or lose, you could end up in and out of court for years.

So, again, it may not be illegal, but it would be really dumb.

by **rumford** » Fri Dec 30, 2011 11:00 am

Shutting off the utilities to encourage them to move out is considered a constructive eviction which can get you into trouble in California.

You really need to work with an RE attorney as any paperwork you file to get them to pay the utilities can infer a rental agreement that may negate your 30 day notice.

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