I rented out a house that still had the electric service in my name. I just found out the guy did not transfer the service into his name and I am being charged for his electricity useage. What legal charges can I file against him? And, can I turn the electricity off since it is in my name, even though he is living in the house? This is in the state of Ohio.
Thanks in advance for anyone who helps me with this situation!
2007-07-27 05:42:25 · 11 answers · asked by mslynx 1 in Politics & Government ➔ Law & Ethics
Not only can you turn the electricity off, you SHOULD have cancelled your service.
Is it written the tenant is responsible for electrics?
If so, you have a case, but you were certainly negligent.
You should present the tenant with the electric bill and request they transfer service into their own name.
2007-07-27 05:47:06 · answer #1 · answered by Anonymous · 0⤊ 0⤋
First and foremost I have been in the rental business in the state of Ohio for over 10 years, and you should have required verification of the transfer of the utility prior to handing over the keys... for now you are stuck with the bill as you would be hard pressed to find a judge in the state of Ohio that would hold the tenant accountable. Because this is in the state of Ohio you are required to provide a 30 day written notice of any changes you plan to implement, or any lease changes (I hope you have a lease); however if you did specify in the lease the tenant was responsible for the electric you have him, and could have him evicted for a lease violation. Additionally you are by NO means able to disconnect his electrical service. If you remove his electric you have created a violation of the decent, safe, and sanitary living conditions which are recognized federally, and you could find yourself in court. Provide him with a 30 day written notice to have the service transfered into his name, learn from your mistake, and join your local landlord/apartment association. They can be a great help to new landlords. Also the state of ohio has specific laws related to renters and landlords. Run out and get yourself a copy of the Ohio Tenant landlord law. Unfortunately most people think they can find someone to rent their property and be done with it... not the case. Property management is not an easy business and more often than not the landlord get the shaft. Not from good intentions, but more often from lack of self education in the matter. Unfortunately some of the previous answers provided will not fly in the state of Ohio. Ohio is a very tenant friendly state. Good luck!
2007-07-27 20:37:40 · answer #2 · answered by wilkinscorner 2 · 0⤊ 0⤋
Sounds like you do know about it now.
Sounds to me like you made a mistake.
When you no longer live some place, you are supposed to tell the electric service, phone service, etc. so that they can disconnect what is no longer needed, unless the landlord wants to keep it on in landlord name until place gets rented again.
While the new tenant is supposed to tell phone company, electric company, etc. about being new person there, needs to be billed in new tenant name, many people have lots of distractions when first moving into a place & can overlook some details for a few days. If it is a married couple, each may think the other took care of something and their bill has not yet arrived.
You need to call the electric company, go in person, write, contact them one way or another AS FAST AS POSSBLE to notify them of the date that you moved out of the property. You may need to show proof of what that date was.
It is your obligation to pay electric bills for your property up through whatever date you tell them you do not want the electric any more.
You gave a gift of electricity to the next resident because of your error in not notifying the electric company when you moved out. You have no grounds whatsoever for suing the new tenant because you screwed up.
It is then up to the electric company if they can collect from the new tenant for any usage between the time you moved out and the new tenant opens account with them, and then refund you any difference.
Yes you can ask the electric company to disconnect the service you no longer need. Whether they actually cut off the electric, or are able to contact the next tenant and make financial arrangements with that person, that is up to the electric company.
2007-07-27 13:03:44 · answer #3 · answered by Al Mac Wheel 7 · 0⤊ 0⤋
You have to have the service changed. I wasn't even allowed to change my phone service because my phone wasn't in my name. As the landowner you are responsible for changing the utilities into the renter's name because he can't make any changes. I don't think you can have the service turned off (that would be violating landlord tenant laws I do believe), but you can take him to small claims court for the amount he owes you. Keep this in mind the next time you rent the place out. Make sure you get the utilities turned over to the tenant. I live in Ohio too.
By the way, eviction takes about a year and during that time the evicted person lives there rent free and there isn't anything you can do about it.
2007-07-27 12:53:24 · answer #4 · answered by Lola 6 · 0⤊ 0⤋
Did you tell him he had to have it transferred? If not, you are responsible for the bills to date. If you haven't already, tell him he has so many days to have his name put on the services, after that date, there will be no services if he doesn't get it done. If you did tell him when you rented it out, was it written in a lease? If not, then it winds up being one of those....'he said she said' scenarios. However, if it was, you can sue him for the amount due. I don't think it is identity theft, it's just a case of seeing how long you can get away with something before getting caught. I would evict him if it were me. Then shut everything off or if you re-rent it out, tell your new renters they must show you proof of transfer BEFORE they get the key and/or move in.
2007-07-27 12:53:10 · answer #5 · answered by irish_indian_fantasy 3 · 0⤊ 1⤋
Yea, sorry dude, but this looks like it is your fault. He didn't open the account and use your name so you don't really have a case. You should present him with the bill, give him a set time to pay it, assuming it is rather large set up a payment plan, and tell him you are cancelling the account on a set date and that they need to set up their own account ASAP.
Yes you can shut it off since it is in your name.
2007-07-27 12:54:28 · answer #6 · answered by quikdash6 6 · 1⤊ 0⤋
You can charge them with Identity theft. Then have the electric cut off. Just make sure you have the evidence to prove the charges.
2007-07-27 12:53:52 · answer #7 · answered by angelman13a 1 · 0⤊ 2⤋
Start by making a police report with your police department. Give that information ot Federal Trade Commission. You can alos go to FBI.gov and submit a complaint for electronic fraud. Place a credit Freeze on all of your credit. Make sure to get a copy of your credit records and dispute the things that are not yours. One other thing you can do for yourself, go to Irs.gov and download form 3949A, fill it out make a copy for yourself and send it back by Certified mail. Identity theft is way out of hand. Make your Congress and Senate act on your behalf.
2007-07-27 12:50:53 · answer #8 · answered by ShadowCat 6 · 0⤊ 2⤋
Now you know that you should have turned off the service in your name.
All you can do is advise the renters and turn it off now. They will have to change it to their name.
I doubt you can collect for their usage.
2007-07-27 12:52:34 · answer #9 · answered by ed 7 · 1⤊ 1⤋
Way to stop on top of things landlord, everyone should rent from incompetent landlords like you.
2007-07-27 12:47:13 · answer #10 · answered by ? 6 · 1⤊ 0⤋