None payment of rent/utilities : ezLandlordForms

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Sue G

started a topic over 13 years ago

I very naively included all the elcetric and taxes in my rental price and now my tenants are late in paying me again!! If they get to 1 full month behind on the rent can I terminate the electricity supply to the property? (I'm sure if I lived there the elcetricity company would cut the power if I didnt pay). Bad enough not getting paid but now I am paying for them to live free! I have given them late payment notices for July and now they are 18 days late for September and are not responding to e-mail or text or phone. Word of advice to new landlords, read 101 on this site and dont be "nice" and give them chances to tell you their problems.

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Website M

said over 13 years ago

http://www.ezlandlordforms.com/articles/pennsylvania_landlord_tenant_law_and_regulations/ This article will steer you in the right direction. Hope this helps!

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Barry C

said over 13 years ago

You must NOT cut off utilities. Contact an attorney and start the official eviction process. It will cost you much less to do it right than the rent you are currently losing. Each state is different, but in general it will take about thirty days to get them out through an attorney if they do not challenge you in court.

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Gibson L

said over 13 years ago

You cannot disconnect Electric due to non payment of rent. The term "included in rent" makes the electric "rent". However, The Loop Hole is.... you do not have to pay the electric "out of Non-reciepted funds". This is a very sharp double edged sword. There are issues you must stick by to avoid comingleing backlash. Your best scenario, Notify the tenant that the electric account will not be paid, file to evict and get rid of them. Do not include electric in "rent". When I offer utilities, there is a separate clause Stating {Electric IS NOT included in your rent, Payment for Electric is A SEPARATE charge of $ XXX.xx. Failure to pay this amount will result in termination of service.} That being said, A lawyer is usually a SAFE bet, They are not all knowing!

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Lou A

said about 13 years ago

Tenants sent me a partial payment of $500 along with a letter stating a bunch of lies also the water bill witch had not been fully paid. The rent is $875. I received prior month's rent around the 17 of the month. I specifically told Tentant if it 's not postmarked by the 4th of the month excluding Sundays/ holidays it would be considered late. At first I was overwhelmed by the content of her complaints but then I decided to break it down one- by-one and put it all back on Tenant. I delivered a letter to Tentant mail box stating that I was returning the $500 because I did not except partial payments and that Tenant now owes late fees of $70, $35 for each month plus $875 rent. This letter was placed in Tentants mail box on the 10/8/11. Realizing I had not given Tenant a deadline date I call Tenant on October 16 or 17 to ask for payment and that I did not call to argue. Tenant insisted upon atempting to get me to argue and acussed me of yelling at her, witch wasn't at all true. I made it a point not to argue with her considering I got into a yelling match with her man the last time I spoke to them, witch is the main reason why I told them to call my number in case of emergencies. My question is, do I have to send a 3 day notice since I have already sent a letter and spoke to Tenant informing her of intent to evitc? Tenant told me not to pick up rent but that she would mail it on Thursday, October 14, 2011. It is Sunday, October 16, 2011. I have not receive rent. I will file a lawsuit on Tuesday, October 18, 2011.

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Lou A

said about 13 years ago

Tenants sent me a partial payment of $500 and a letter stating a bunch of lies; also the water bill which had not been fully paid. The ren is $875. I received prior month's rent around the 16 or 17 of the month. I told Tentants if it's not postmarked by the 4th of month excluding Sundays/Holidays it would be considered late. At first I was overwhelmed by the content of her complaints but then I decided to break it down one-by-one and put it all back on the Tenant. I delivered a letter to Tentant's mailbox stating that I was returning the $500 because I did not except partial payments and that Tenant now owes late fees of $70; $35 for each month plus $875 rent. This letter was placed in Tentants mailbox on the 10/08/2011. Realizing I had not given Tenant the 3 day deadline, I called Tenant on October 16th or 17th to ask for rent and was not going to argue. Tenant insisted upon trying to get me to argue, but I made it a point not to. After tenant accused me of yelling at her, I told her I have the right to evict her she said she would mail the payment and not to come and pick it up. Then accused me of having a raggedy house and slammed down the phone. Do I have to send another (3 day) notice? Can I file a lawsuit instead of eviction or both?