Can a landlord cut of electricity or any other utility not in their name due to late rent payment?

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Can a landlord cut of electricity or any other utility not in their name due to late rent payment?

My store was burglarized and vandalized causing me to close the doors of my small clothing store for a few weeks until my insurance settled. That being said I have not been able to conduct business as usual. The stress has brought on health issues which warranted a hospital stay he was in formed of after sending his maintenance manager to my home. Within the last week or more, the landlord has turned the power off to my building. The utilities are not in his name is that legal?

Asked on June 20, 2012 under Business Law, California

Answers:

Ron Moore / Ron L. Moore, P.A.

Answered 10 years ago | Contributor

Landlord/tenant law is goverened by the state where the property is. Was there a written lease ? If so then see what the lease says and even if the lease allows for this that provision may be invalid as against public policy. Most states frown on and do not allow such self-help measures and the exposure for damages to the landlord can be significant. I would urge you to consult with a landlord/tenant attorney in your jurisdiction. 


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