Tenant not paying the power bill

[Valentina Ayala]

Please advise on how to handle tenant not paying the power bill. My tenant refuses to pay the power bill because it's "too high" and the power is being disconected by FPL today. Any advice?

[Kyle J.]

@Valentina Ayala  This can actually be a serious health/safety issue and I would not ignore it.  

When tenants lose power, they don't typically move (especially when the reason they lost the power was due to not being able to afford it).  They will usually stay in the home and find other ways to provide light (candles), heat (propane devices, small fires), and cook (they will bring & use outdoor BBQ's and camp stoves inside).  

They may even steal electricity by running extension cords to neighboring properties, or by creating dangerous/illegal connections that bypass the meter like this one:

(I have personally seen everything I mentioned above.)

What they're NOT going to do though is worry about how to power things they no longer think are a priority, like their vacuum cleaner.  (Your property is going to get gross, quick!)  

Also, don't be surprised if other utilities start getting shut off too, like the water (you can bet they'll still keep filling up the toilets though, until they start overflowing).  

This is such a huge health and safety hazard in terms of potential filth, vector control, and potential fires (which, by the way, not only put your property at risk but your neighbors' too), that cities/counties in my area have deemed a property that "lacks required utilities" to be "substandard housing".  In fact, one local Code Enforcement actually considers it a "Priority Violation" and can do an immediate inspection and order the occupants out and board up the house because it's not safe to occupy.  That's how serious this can be.  

So what should you do?  First check your lease to see if it's addressed in there.  For example, in one of my leases, it not only requires the tenant to turn the utilities on in their name, it also goes on to state: "Tenant agrees not to disturb, terminate, interrupt, tamper with, adjust, or disconnect any utility service or submetering system or device. As with all over covenants and conditions on the part of the Tenant to be performed, violation of this section is a material and substantial breach of this Rental Agreement, and shall entitle Landlord to all available remedies under this Rental Agreement or applicable laws."

Next, I'd check to see if there are any local laws/ordinances in your area that address the habitability of properties that do not have utilities.  (Like I said, there are laws/ordinances that address this in my area.)

Lastly, I'd have an immediate conversation with the tenant and explain to them that having the power shut off is not an option and you will not permit it.  They need to do whatever is necessary to keep it on (work out a payment plan with the power provider, apply for financial assistance, borrow money from friends/family, etc).  If nothing else, it might be time to discuss options for them to move out, if you truly believe they can no longer afford to live there.  The last thing you want is for them to continue living there and for them to destroy your property.

Good luck and hope this situation works out for you.