If my utilities are included in my rent and my landlord is giving the house back to the bank, can he shut the utilities off?

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If my utilities are included in my rent and my landlord is giving the house back to the bank, can he shut the utilities off?

I have a child in my home and its January. I’m told that I can’t transfer the utilities in my name and I only have another week to find another place to live. I was not served an eviction notice except by the landlord by mail. Do I have any rights until i find another place to live?

Asked on January 15, 2011 under Real Estate Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your landlord only served a notice of eviction and I am sure that it was not properly served.  He will need to start eviction proceedings against you and obtain an order of possession to actually get you out.  You will then want to file in the action in Landlord Tenant Court as soon as you possibly can requesting a stay of eviction.  This is said assuming that that is what has transpired here.  I would go and seek help from any tenant's rights organization that you can find in your area. Also go and speak with legal aid. Also, if he attempts to shut off the utilities I would call the City help line and maybe then file an action in landlord Tenant court before he files the eviction to make sure that they stay on.  A Judge will work with you on giving yo ample time to relocate, especially with a child and in the Winter.  Good luck to you. 


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