Post Eviction (Cut Utilities)

[Kenneth C.]

BP Community!

I have a question. I have a "friend" that has an apartment unit that consistently has bad tenants. As a precaution, they now include in their lease that the landlord pays certain utilities and will be reimbursed by the tenant. They've recently evicted a tenant for non-payment and have not received any funds toward their outstanding balance, nor have any of the utilities been paid. The tenant was supposed to be gone by September 30, but they are still the property requesting additional time to move. My friend scheduled for the electricity to be turned off after the tenant assured them that they would be gone by September 30. 

I'm assuming my friend has the right to do so since the tenant hasn't paid their utilities, and they are officially no longer a tenant but a squatter until the sheriff comes. Your thoughts?

[Mike Tamulevich]

Landlords are generally not allowed to turn off utilities, even if the tenant is overstaying their lease or hasn't paid for utilities. Doing so could be considered a form of illegal eviction or "self-help eviction," which is prohibited by law. Landlords must follow the proper legal eviction process, even if the tenant is no longer paying rent or utilities.

Since your "friend" has already initiated the eviction process and is waiting for the sheriff to remove the tenant, it's important to let that process play out legally. While it’s frustrating that the tenant is still there and not paying, turning off utilities could complicate the situation and potentially lead to legal consequences for your "friend".

In the meantime, document everything (the tenant’s non-payment, the lease terms regarding utilities, and their attempts to resolve the issue) to present in court, which may help recover the outstanding balance later. Once the sheriff completes the eviction, they can regain possession and ensure the tenant vacates.

It's always a good idea to consult with a local attorney to make sure they are fully compliant with Pennsylvania’s landlord-tenant laws.