Electricity shut off

[Woralak Bryant]

I have a question and would like to consult a lawyer about this or someone who is an expert. My tenants had been living at my property for almost 1 year (least end Aug 31). In April they had a roof leak problem, I got it all fixed by the end of May (nearly 2 months). Now they are behind in electricity bills and I let it go since I took so long to fix the roof and feel bad about it. At the end of May, I asked them to make Payments for accumulated electric bills as it was adding up and becoming so large. (The arrangement was that they pay me for electricity because they share electric with other unit.) and they started to complain about roof leak which caused them hardship. Sooooo I reduced rent by 1/2 for May-Aug (which equals to 2 months of free rent). I sent a letter saying that the lease ends in Aug and I do not wish to renew. They stop paying anything from that point no rent and no bills. They said they will not be able to leave until the end of Aug “as agreed” but I did not agree to that. It only true if they are current on bills and rent ( which they are not). They owed me 3 months electric and 2 months worth of rent now. Im working on filing an eviction, but I do not want the electric in my name any longer because it just isn’t right for me to keep paying if they are not paying me. Electric company is willing to stop my service but they can’t do anything if tenant starts a service in their name for Aug. they use about 2-300$ per month in electricity. Can I stop the service??? Please advise.. 🙏 

Sorry about the broken English. I appreciate your time to read my post.

This is in Illinois.

[Theresa Harris]

How did the roof leaking cause them hardship?  Let them know unless rent is paid in full, you will evict them and then start with the eviction-don't take any sob stories.  Unfortunately, you can't turn off the electricity-you can ask the electric company what happens if the tenant doesn't put it in their name. If the electricity is shared between two units (and on one meter), it may not be possible to have it put in their name.

[Nathan Gesner]

Quote from @Woralak Bryant:

Evict immediately. Don't negotiate anything else. Don't accept any offers of a payment plan or other nonsense. Just evict and remove them.

I agree with Theresa. I don't see how a roof leak created a financial hardship that prevented them from paying an electric bill. I think they are using that as an excuse. Once you accepted that, they decided to try and push for more. Don't let your tenants walk all over you.

[Jonathan Klemm]

Hey @Woralak Bryant - Sorry to hear about these troubling times.  When I have similar issues I try to remind myself that they are good problems to have and I am blessed to even be a housing provider.  

I am with everyone else above!  Serve them a 5-day notice right away and evict them...happy to provide a wonderful Chicago eviction attorney.

Regarding the electric, what does it say in your contract?  Mainly just curious.

You can for sure cut off their utilities and let them put them in their own name....but would that mean they are now picking up your electric?

[Kevin Sobilo]

@Woralak Bryant, be careful about shutting off utilities. In many states that could fall under the category of a "self help eviction". That could cause you to end up owing the tenant compensation.

https://www.nolo.com/legal-encyclopedia/tenants-defenses-evi...

[Woralak Bryant]

Quote from @Jonathan Klemm:

Hey @Woralak Bryant - Sorry to hear about these troubling times.  When I have similar issues I try to remind myself that they are good problems to have and I am blessed to even be a housing provider.  

I am with everyone else above!  Serve them a 5-day notice right away and evict them...happy to provide a wonderful Chicago eviction attorney.

Regarding the electric, what does it say in your contract?  Mainly just curious.

You can for sure cut off their utilities and let them put them in their own name....but would that mean they are now picking up your electric?

The lease states that the tenants are responsible for arranging and paying for all utilities required in the unit. The agreement they knew prior to moving in was that I pay the bills, and after properly splitting the bills, I add that onto schedulemyrent platform, and they can pay for that just like they are paying rent.  Now that my other unit is vacant, I feel like I can shut it off since it will not interrupt other tenants.  Thanks for the words of encouragement; I'm not in the Chicago area; the property is in Bureau County. 

[Woralak Bryant]

Quote from @Kevin Sobilo:

@Woralak Bryant, be careful about shutting off utilities. In many states that could fall under the category of a "self help eviction". That could cause you to end up owing the tenant compensation.

https://www.nolo.com/legal-encyclopedia/tenants-defenses-evi...

I'm afraid of that, so I'm seeking advice from others. According to the landlord-tenant act I've been reading, it does not say you can't. It is very confusing to read. I'm sure that is how to quickly get them out, though.  

[Jonathan Klemm]

Quote from @Woralak Bryant:

Quote from @Jonathan Klemm:

Hey @Woralak Bryant - Sorry to hear about these troubling times.  When I have similar issues I try to remind myself that they are good problems to have and I am blessed to even be a housing provider.  

I am with everyone else above!  Serve them a 5-day notice right away and evict them...happy to provide a wonderful Chicago eviction attorney.

Regarding the electric, what does it say in your contract?  Mainly just curious.

You can for sure cut off their utilities and let them put them in their own name....but would that mean they are now picking up your electric?

The lease states that the tenants are responsible for arranging and paying for all utilities required in the unit. The agreement they knew prior to moving in was that I pay the bills, and after properly splitting the bills, I add that onto schedulemyrent platform, and they can pay for that just like they are paying rent.  Now that my other unit is vacant, I feel like I can shut it off since it will not interrupt other tenants.  Thanks for the words of encouragement; I'm not in the Chicago area; the property is in Bureau County. 

 Maybe in the future, you can specify a monthly cost for the electrical utilities based on the previous years averages.   Saying that they “ are responsible for arranging and paying for all utilities required in the unit.” Seem super clean as far as expectations go.

Definitely smart of you to not interrupt the other tenants power that would only create more issues.  I’m sure Good things are to come after this!

[Theresa Harris]

Quote from @Woralak Bryant:

Quote from @Jonathan Klemm:

Hey @Woralak Bryant - Sorry to hear about these troubling times.  When I have similar issues I try to remind myself that they are good problems to have and I am blessed to even be a housing provider.  

I am with everyone else above!  Serve them a 5-day notice right away and evict them...happy to provide a wonderful Chicago eviction attorney.

Regarding the electric, what does it say in your contract?  Mainly just curious.

You can for sure cut off their utilities and let them put them in their own name....but would that mean they are now picking up your electric?

The lease states that the tenants are responsible for arranging and paying for all utilities required in the unit. The agreement they knew prior to moving in was that I pay the bills, and after properly splitting the bills, I add that onto schedulemyrent platform, and they can pay for that just like they are paying rent.  Now that my other unit is vacant, I feel like I can shut it off since it will not interrupt other tenants.  Thanks for the words of encouragement; I'm not in the Chicago area; the property is in Bureau County. 

 You still cannot turn off their electricity.  Start the eviction process and get them out. The sooner the better as unfortunately things are not going to change.

[Kevin Sobilo]

Quote from @Woralak Bryant:

Quote from @Kevin Sobilo:

@Woralak Bryant, be careful about shutting off utilities. In many states that could fall under the category of a "self help eviction". That could cause you to end up owing the tenant compensation.

https://www.nolo.com/legal-encyclopedia/tenants-defenses-evi...

I'm afraid of that, so I'm seeking advice from others. According to the landlord-tenant act I've been reading, it does not say you can't. It is very confusing to read. I'm sure that is how to quickly get them out, though.  

@Woralak Bryant, Im sure it is considered a self help eviction.

In general a self help eviction is taking a retaliatory act with the purpose of forcing or coercing a tenant to leave. So, changing locks, shutting off utilities, removing the front door entirely, etc etc. All of those things and more would fall under that I believe.