Tenant not paying rent due to emergency gas shut

Tenant not paying rent due to emergency gas shut

Member since 2019 · 2 posts · 0 votes

Hi there,

I have a question regarding how to handle a unique situation. This week, peoples gas shut off the gas to my entire building due to a “gas emergency” (without notifying anyone). I was notified by a tenant that their gas was not working and immediately called the company. The company came and resolved the issue the following day in the evening and told me that it was a problem with one of the city’s risers to the building. I communicated with all of my tenants of the issue and that it would be resolved by Friday by 9:00 pm (per what peoples gas told me). I then confirmed that it was in fact working at that time with one of my tenants (the most communicative one). I didn’t verify with all of the tenants but assumed they would inform me if it wasn’t working by then as I told them it would be (my mistake). 

It is now Monday the 3rd and one of my tenants has failed to pay rent on time (as per her usual). When I contacted her, she told me that her gas has not been working for 5 days and that she hasn’t been able to stay at her apartment (which was “literally 65 degrees”per her complaint). I asked her why she didn’t tell me that it wasn’t working and she said that she has been staying elsewhere and just now returned to find it not working. I immediately called peoples gas and they are going as soon as possible to fix it. My tenant is now refusing to pay rent until I pay for 5 nights of a hotel that she claimed she stayed at without communicating with me until after the fact. 

Does anyone have any advice on how I should handle the situation? I maintain my building well and work really hard at being a good landlord and I’m just at a loss. 

Thanks so much!

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y
Quote from @Aubrey Buikema:



This is just one example of why it's important to know the law. Illinois Landlord - Tenant Laws Here's what the law allows:

If something in your apartment needs to be fixed, send your landlord a formal letter with a list of the repairs needed and request that they be made within 14 days. If it is an emergency and can threaten your health, safety or the apartment itself, ask that the repair be made within 72 hours. If your landlord does not fix the problem, under certain circumstances, the Residential Tenants’ Right to Repair Act allows you to hire a professional to make the repairs and then deduct the cost from next month’s rent.


You were not responsible for the shutoff, so your tenant can't hold you responsible. If she feels wronged, she needs to contact the utility provider and take it up with them.

I would tell her to pay the rent or start packing because she's in violation of the lease and the law.

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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    4y

    @Aubrey Buikema

    You are not responsible for something you were not aware of in this instance. I assume your lease has language about giving notice for repairs.

    Throw in a temp heater until it is fixed. I would not compensate her five days of a hotel - tell her to file a claim against her renters insurance. If she doesn’t have it, I hope you require it as part of your lease.

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    She's caught herself in the story. If she wasn't staying there and didn't know it wasn't working until she got home. Why should you pay for a hotel?

    Prorate her rent for the 5 days with proof that she stayed at a hotel (not the price of the hotel, but she needs to show she was staying at a hotel) and when her lease is up for renewal-give her notice that it is not being renewed (based on the fact that you said she's been late multiple times).

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    Quote from @Aubrey Buikema:



    This is just one example of why it's important to know the law. Illinois Landlord - Tenant Laws Here's what the law allows:

    If something in your apartment needs to be fixed, send your landlord a formal letter with a list of the repairs needed and request that they be made within 14 days. If it is an emergency and can threaten your health, safety or the apartment itself, ask that the repair be made within 72 hours. If your landlord does not fix the problem, under certain circumstances, the Residential Tenants’ Right to Repair Act allows you to hire a professional to make the repairs and then deduct the cost from next month’s rent.


    You were not responsible for the shutoff, so your tenant can't hold you responsible. If she feels wronged, she needs to contact the utility provider and take it up with them.

    I would tell her to pay the rent or start packing because she's in violation of the lease and the law.

    The DIY Landlord Book4.7248 Reviews
  • Real Estate Agent · Chicago, IL · Member since 2018 · 1k+ posts · 1k+ votes
    4y

    @Aubrey Buikema

    The tenant's request for you to pay for 5 nights of a hotel is not only unreasonable but her story also does not make sense. 

    She said she was unable to stay in the unit for 5 nights because the gas was not working, but then when you questioned her on why she didn't tell you the gas wasn't working she said she had been staying elsewhere and just now returned to it not working? So basically it sounds like she was not staying in the unit, came back and discovered the gas wasn't working, and is now trying to get her hotel bill paid? 

    I think you should cite your lease and explain that this is not a valid excuse to withhold rent. This was an emergency that you have been on top of and you were not aware gas was not restored to her unit because she only just told you. If anything I like @Theresa Harris's solution with prorating the rent. It sounds like she is also a bad tenant generally so I think when her lease expires do not renew.

  • Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
    4y

    @Aubrey Buikema this kind of stuff is super frustrating for sure. Property management companies and larger owners deal with these issues all the time, and we literally just had a whole building get shut down with no notice (and not even a courtesy call) from the gas company here in Cicero. In this case, the tenant can also call the gas company to have the gas turned back on. A lot of times if the tenant isn't home, the gas company will not turn the gas back on until they have inspected the gas connections in the unit. I would deny the pro-rated rent and offer to call the gas company as a onetime courtesy. 

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y

    This gets asked all the time here. Tenants do not have the right to withhold payment due to some real or imagined occurrence. 

    Stand firm on this one, sounds like she's scamming you.....if this goes on more than a couple more days, I'd call an Attorney instead of waiting until this gets worse....

  • Ned J.Pro Member
    Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
    4y

    Nope. You didn't shut off the gas..... and she didn't notify you that there was still an issue.....when you were notified, you took care of it..... so how is this your responsibility to pay for the alleged hotel stay? 

    She is fishing for some free $$... don't take the bait. Cite your lease...... pay full rent or start the eviction for non-payment

  • Member since 2019 · 2 posts · 0 votes
    4y

    Hi everyone! Thanks so much for your responses. They were really helpful. Attached is my conversation with the tenant. Did not go so well. She claims that the problem is with my building but the problem was with the gas riser which (to my understanding) is property of and maintained by peoples gas. But please correct me if I am wrong. She also says that I said I would update her. I did say that and then I sent her the message that it would be resolved by Friday night. That was my update but I acknowledge that I should have confirmed the gas was back on with her. I assumed it was, because I had confirmed with other tenants and it was on in their apartments. Advice on how to proceed would be appreciated. Is it worth it to pursue an eviction if she says she will move by the end of the month? This sounds like a headache but if I keep her deposit as rent, it leaves me vulnerable to any (at this point probably intentional) damage she might do in the meantime. 
    I can’t help but feel like a jerk even though I’m trying to be the bigger person while still being fair. Also, we have had 70 degree weather here during the day so it’s not like her apartment is freezing. She stated that it’s 65 degrees in there. Help!

  • Investor · Vancouver · Member since 2021 · 165 posts · 137 votes
    4y

    Can't stay because it's 65 degrees for a few days?

    If the tenant does not have enough brains to put on a jacket, communicate, and work with you, get rid of the tenant.

    This person has wasted enough of your time, get them out

  • Real Estate Agent · Chicago, IL · Member since 2018 · 1k+ posts · 1k+ votes
    4y
    Quote from @Aubrey Buikema:

    Hi everyone! Thanks so much for your responses. They were really helpful. Attached is my conversation with the tenant. Did not go so well. She claims that the problem is with my building but the problem was with the gas riser which (to my understanding) is property of and maintained by peoples gas. But please correct me if I am wrong. She also says that I said I would update her. I did say that and then I sent her the message that it would be resolved by Friday night. That was my update but I acknowledge that I should have confirmed the gas was back on with her. I assumed it was, because I had confirmed with other tenants and it was on in their apartments. Advice on how to proceed would be appreciated. Is it worth it to pursue an eviction if she says she will move by the end of the month? This sounds like a headache but if I keep her deposit as rent, it leaves me vulnerable to any (at this point probably intentional) damage she might do in the meantime. 
    I can’t help but feel like a jerk even though I’m trying to be the bigger person while still being fair. Also, we have had 70 degree weather here during the day so it’s not like her apartment is freezing. She stated that it’s 65 degrees in there. Help!


    Good, let her leave by the end of the month. If she doesn't leave by the end of the month then I think you should look into eviction. It's up to you whether you want to go through the hassle of keeping the deposit as rent because the tenant will complain or potentially damage the unit. I would just use the security deposit to ensure she doesn't damage the unit and if everything looks good refund her the deposit. I'd just be happy to get rid of a bad tenant without incident. I did something similar recently and although I lost money I didn't want to worry about retaliation and was ready to move on.

  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    3y

    @Aubrey Buikema what does your lease say about this type of situation and also the tenant's responsibility?

    Secondly, get the tenant to put in writing, "why she didn’t tell me that it wasn’t working and she said that she has been staying elsewhere and just now returned to find it not working." That is self incriminating that she wasn't staying elsewhere due to the gas issue.

  • Ned J.Pro Member
    Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
    3y

    Keep it short and to the point..... cite the lease. Don't engage or try to convince her that she is wrong and ,you are right. It wont happen. 

    SHE chose to not contact you that there was still an issues and SHE chose to vacate and stay somewhere else without ANY agreement of you paying for a hotel or pro-rate her rent. No way am I paying that bill for any hotel she chose to stay at.

    Stick to the terms of the lease that have provision for tenants contacting you about any issues and their resolution. DO NOT get into a back and forth argument.

  • Rental Property Investor · Boston, Massachusetts (MA) · Member since 2016 · 2k+ posts · 2k+ votes
    3y

    @Aubrey Buikema sorry you are dealing with this. My favorite part of this is the “literally 65 degrees!”

    So what’s the problem? Put on a sweater and let the landlord know the gas needs to be put back on. This is NOT a habitability issue

  • Rental Property Investor · Boston, Massachusetts (MA) · Member since 2016 · 2k+ posts · 2k+ votes
    3y

    @Aubrey Buikema oops—yes the gas is ultimately a habitability issue of course, but that temp is not an emergency. Sheesh

  • Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
    3y
    It's very possible the gas service was restored but the company shut off everyone's meter until they could verify it was safe to turn on. ie, the gas company usually requires an inside inspection when service is restored in case there's an unlit pilot that hasn't shut off or whatever. It's different than the electric being off. If the tenant wasn't available, that may explain why their gas wasn't back on.
  • Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes
    3y

    My guesses: 

    Pilot out on gas heater which the gas company probably lit for everyone else with out a problem. If she picked up the phone/ spoke to you/ saw notice on the door she could have communicated and viola magic heat. 65 at night is not freezing. Document the weather and put in a file. 

    Hotel bill, if there is one, will be for a vacation. She sees an opportunity to gouge you. I would not pay for a hotel, you never agreed to this. She can bill the gas company.

    Talk with gas company and the people who were there. Find out exactly how they door knocked or put up notices and if they spoke with her or saw her. Don't tell her your discovery. Put these notes in the same file.

    I would give her notice to pay or quit in the time frame for your state.

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    3y
    Quote from @Caroline Gerardo:

    I would not pay for a hotel, you never agreed to this. She can bill the gas company.


    I love it! 
  • Melanie ThomasBusiness Member
    Real Estate Broker · San Antonio · Member since 2022 · 1k+ posts · 489 votes
    3y
    Quote from @Aubrey Buikema:

    Hi everyone! Thanks so much for your responses. They were really helpful. Attached is my conversation with the tenant. Did not go so well. She claims that the problem is with my building but the problem was with the gas riser which (to my understanding) is property of and maintained by peoples gas. But please correct me if I am wrong. She also says that I said I would update her. I did say that and then I sent her the message that it would be resolved by Friday night. That was my update but I acknowledge that I should have confirmed the gas was back on with her. I assumed it was, because I had confirmed with other tenants and it was on in their apartments. Advice on how to proceed would be appreciated. Is it worth it to pursue an eviction if she says she will move by the end of the month? This sounds like a headache but if I keep her deposit as rent, it leaves me vulnerable to any (at this point probably intentional) damage she might do in the meantime. 
    I can’t help but feel like a jerk even though I’m trying to be the bigger person while still being fair. Also, we have had 70 degree weather here during the day so it’s not like her apartment is freezing. She stated that it’s 65 degrees in there. Help!

    You are not being a jerk, your being more than fair. I would never use a deposit for rent. Your tenant is being the unreasonable one. I would certainly file for eviction. I have been burned in the past and learned from it. Good luck, happy investing!
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  • Investor · Kitchener-Waterloo, Ontario · Member since 2008 · 1k+ posts · 1k+ votes
    3y

    @Aubrey Buikema

    So she went on vacation and wants you to pay for it because while she was away her gas may not have been working, although she doesn't know that for a fact, because she wasn't there. Hahahaha! Sorry just have to laugh at that one!

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