What can we do about utilities getting shut off for landlord not paying them?

[toryn34]

My friend is renting a house for 700 a month and in their rental agreement it says they are to pay an extra 150 per month all the utilities, a flat rate. Well they've been at this house for 7 months, and my friends husband always pays the rent on time and even has early a number of times because the landlord asked for it a few days early. And they pay the 150 in the middle of the month and he ALWAYS pays that on time too, so the bills should be taken care of. Well a few weeks ago the city came and shut off all the utilities for nonpayment, after telling the landlord he needs to get it fixed they came back a little later that day and turned them on, and theyre landlord was complaining to them that he just had to pay 4500 to get them back on, well that's not their fault they pay their part of the deal! Now about a week or so later, they just got their utilities shut off again this morning, and all their landlord can say is it's a nightmare! Well not for him, my friend has 3 kids all aged 3 and under, now they're sitting there with no electric, NOTHING! Their landlord's been avoiding them all week about the water heater issue they havent had warm water for weeks now, and he keeps trying to have it fixed illegally all rigged up, but now he cant because the last guy that came out to look at it told the company and they red tagged it. So this landlord is pretty much scum. But what I'm asking is isn't there anything they can do about the utilities? They can't sit there like this and seeing how the landlord won't fix anything or pay anything I doubt he's gonna give them the rent back they just paid or the deposit so they can find something else. They live in Mesa, AZ if that helps, if anyone knows the laws there or anywhere!!! Help please!

[garwyli91]

Move and sue the landlord.

[armin]

Even though they are paying 700 a month they can get the utilities in their name and that way they will know that it is being paid and deduct the 150 from the rent. If not they need to take the land lord to court cause seems to me he is just taking their money and doing nothing with it. Good Luck

[jen]

landlord is in violation of the lease. however, it may take action by the local court [probably small claims] to get landlord to either fix the problem or return their deposit and cancel the rest of the lease.

added leverage might come from the city or county building inspector -- the property without utilities is arguably not habitable and an emergency order to suspend occupancy rights might be issued. [this ends landlord's right to collect rent].

meanwhile, since the weather there isn't conducive to living without utilities, your friend needs to pack herself and the kids out of the property. afterward, send a written notice to landlord that this was done, that it is his fault, and that she expects to file suit against him for breach of the lease, return of her deposit, and consequential damages.