Can I turn the electric off ?

Question

This is in the state of Florida - and the title isn't Exactly what I am asking. I'll explain -

A SFH tenant wants to move into a property. But the electric company wants some Huge deposits made first. I know this is true because I have had to pay them myself. As a result the new tenants can't move in until they get paid again.

I told management to just write up a letter of agreement with them stating that they could move in immediately, leave the utilities in my name until some future date (say three weeks from now) at which time they would pay the electric company's deposit, change the electric into their name, and then they would pay me for whatever electric they used in the meantime. Get them both to sign and date their agreement-to-terms and that would be that.

Management says that if they move in and then refuse to change the electric into my name - that I cannot have the electric shut off. My position is that if they don't pay me - I can't pay the electric company - so the electric company would turn the power off in their standard way.

My further position is that if these are the sort of people who would try to cheat me if presented even the slightest chance to do so - I don't want them as tenants in the first place. <g>

Can the law really take the position that I am obligated to fulfill my portion of a contracted arrangement while the other party to the same contract refuses to fulfill theirs? <g>

Judy Parker · Answer

If they can't afford the electric utility deposit, then they most likely won't be able to afford the rent.

Account Closed · Answer

What exactly constitutes a "huge" deposit? If this is a known cost of moving I would be concerned that they hadn't planned for this. I would not make myself responsible for someone else's utilities (as others have explained). If this tenant wants to move in, they need to figure this out for themselves. If they can't move in because they don't have this deposit, keep showing the apartment until you find someone who does.

Karen Rittenhouse · Answer

If they can't pay the electric deposit, do not let them move in.Why would you think they will be able to come up with the money at some magical later date.And, you've set a precedent by allowing them to move in with electric provided. No, you cannot at some later date turn off utilities.

Patrick L. · Answer

Well I'm glad that worked out for you. I wouldn't have offered to pay the deposit for them because they can easily stick you with that and take their refund of the deposit later when they moved out. Generally when tenants have ask me if I can keep the power in my name for X amount of time so they can get it switched out and I declined they've always found a way to get it done. It probably would have just been financially easier for them to not pay the deposit and let you keep it in your name.The deposits can be really high but I have a business account with Duke and use that business for all my rentals, deposits are a flat rate of $200 for me regardless of the average bill.

Stephen S. · Answer

I always like it when a thread ends with an explanation - so that's what I'll do myself. <g>I offered to pay the tenant's electric company deposit for them, so they could move in now with the utilities in their name, and then have them pay me back the loan in a few weeks.I think this may have embarrassed them. Although they didn't say that - I got that distinct feeling. They declined my offer and a few hours later called back to say that they would be proceeding on their own. I didn't ask, and they didn't say - but I think they got the money for the electric company deposit from someone privately; parents, other relatives, payroll advance, etc.So that's that. Thanks for helping me. stephen-------------------

NA Jones · Answer

Can the electric company spread out the deposit? When we bought our house, the new electric company wanted a hefty deposit despite having great credit and an immaculate payment history with the old electric company. Instead of forking over all of it, they let me split it over 3 payments...

Bill Gulley · Answer

The issue with the utility company has nothing to do with your contract lease, it's between you and the utility and they can not force a tenant to honor your agreement. If you default in paying, your credit is effected and they will shut off accordingly, has nothing to do with the tenant.Don't let them move in until they have utilities changed into their name! If they can't do it, say next and give back their deposits as they can not complete the contract. :)

Stephen S. · Answer

Patrick L. · Answer

@Stephen S. If you have any utilities on when they move in and then shut them off on the tenant that can be considered a "self help eviction" and you can be liable for up to 3 months rent as damages. I have the utilities scheduled for turn off the day of move in to avoid this. If they're not on in your name when the tenant moves in you're fine.....never leave them on in your name after the tenant moves in. It's FL, no worrying about pipes freezing here.It sounds like your options are to leave them on and face the potential of being sued when you shut them off of the tenant, waiting 3 weeks for them to come up with more money and not having your unit rented or finding another tenant. I'd look for another tenant and inform the tenants you will not hold it but if it's still available in 3 weeks and they have the funds to move in then they should give you a call. For those wondering about the huge deposits I'm guessing it's 2x the average monthly bill, at least that's what Duke goes for if you don't have great credit. In FL that deposit can easily be $500-600.

Elizabeth Colegrove · Answer

In my experience you cannot shut the electricity on once it is in your name no matter what :) So thats why even with all the deposits I try to keep the utilities out of my name. Because it is hard to get people to do it. As people are "lazy" so unless there is a pressing need. As, no electricity there is no emergency for them to deal with it :0