Is it legal for a landlord to have your power disconnected? - Landlord and Tenants Law Questions and Answers- LawQA.com

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Is it legal for a landlord to have your power disconnected?

Is it legal for a landlord to get mad at a tenant and have their power disconnected and always has been, but tenant is responsible for paying the bill, and the bill is paid in full and up to date with a zero balance?

The Jordan Law Firm
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I believe Oklahoma Title 41 Section 121 speaks about to the fact a Landlord cannot willfully or negligently supply electric. The statute itself reads: C. Except as otherwise provided in this act, if, contrary to the rental agreement or Section 18 of this act, the landlord willfully or negligently fails to supply heat, running water, hot water, electric, gas or other essential service, the tenant may give written notice to the landlord specifying the breach and thereafter may: 1. Upon written notice, immediately terminate the rental agreement; or 2. Procure reasonable amounts of heat, hot water, running water, electric, gas or other essential service during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent; or 3. Recover damages based upon the diminution of the fair rental value of the dwelling unit; or 4. Upon written notice, procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance.

Answer Applies to: Oklahoma
Replied: 4/4/2012

Answer By Jared Altman
Law Office of Jared Altman
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No. You don't have to pay rent for that period and can sue for any damages.

Answer Applies to: New York
Replied: 4/4/2012

Answer By Michael Palumbo
Palumbo and Kosofsky
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No it is illegal

Answer Applies to: New York
Replied: 4/3/2012

Answer By Gregory Crain

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No.

Answer Applies to: Arkansas
Replied: 4/3/2012

Answer By H. Scott Basham

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If the power bill is in the landlord's name, he can have service disconnected UNLESS it would be injurious to the health of the tenant(s). You don't say why the landlord is mad with you. If it is over rent, he could get a dispossessory writ and have you evicted. I am guessing it is over something else. If it's not over rent, him turning off the power might render the property uninhabitable in the eyes of the law.

Answer Applies to: Georgia
Replied: 4/3/2012

The Law Offices of Robert W. Bellamy
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It is not legal to interfere with the tenants lawful occupation of the dwelling. Tenant can sue for and recover damages based upon the diminution in the fair rental value of the dwelling unit.

Answer Applies to: Alabama
Replied: 4/3/2012

Answer By J. R. Matthews

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No, it isn't.

Answer Applies to: Oklahoma
Replied: 4/3/2012

Answer By Frances Headley

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It is not legal for a landlord to have any utilities disconnected with the intent of terminating the tenancy. The Civil Code provides that a tenant may bring a civil action for damages which includes penalties and attorney's fees. You should consult a real estate attorney familiar with landlord tenant matters to assist you.

Answer Applies to: California
Replied: 4/3/2012

Answer By Lisa L. Hogreve

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No, it is not legal for a landlord to have a tenant's power disconnected. It sounds like the landlord is acting in a retaliatory fashion, or is trying to use what is called "self-help" to get you to leave, both of which are prohibited pursuant to Chapter 83 of the Florida Statutes. Consult an attorney. If you prevail in your action, the statute provides that the landlord will pay your reasonable attorney's fees and costs.

Answer Applies to: Florida
Replied: 4/3/2012

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