Can alandlord force you out by shutting off the utilities?
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Can alandlord force you out by shutting off the utilities?
My father is my landlord and I recently sold a car that belonged to me. This car apparently had some sentimental value and my landlord is kicking me out of my house. He came to my apartment and cussed at me for 30-45 minutes and such. Before he left, he said that he wanted me out in a week and if I was not out in a week then he would shut off the utilities that are in his name. I signed a lease agreement that states something like “I will leave the premises if I am no longer employed by X (my father’s business)”. So what can be sued for if he does in fact turn off the utilities?
Asked on November 18, 2010 under Real Estate Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No, a landlord can not use "self help" tactics and shut off your utilities to get you to leave the premises. He or she must start the proper proceedings for eviction. You, of course, have thrown a huge wrench in to the system here by being related to the landlord and having it become a family dispute. But if you have a valid lease it really should not matter in the end. First, someone needs to read your lease agreement. Second, are you paying actual rent here? Are the utilities in his name because they are included in the rent? If you are considered a valid tenant then you can indeed go to landlord tenant court and bring an action against him. Is it possible, though, for someone to mediate here? The circumstances warrant it. Good luck.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) "Self-help" evictions are not legal--a landlord can't just turn off utilities to get a tenant out. If the landlord does this, you can sue to get back in plus for any costs you've incurred along the way (such a hotel; extra travel time; storing belongings; etc.) and potentially, depending on circumstances, you might also be able to recover attorney's fees.
2) If you have a lease stating that you tenancy is either entirely or partially dependent on working for the business, if you no longer work for it, you father would have grounds to lawfully evict you--though he would have to go through the proper, court process. Even if good grounds to evict, a landlord can't shut off utilities.
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