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MIAMILAW1127, Attorney
Category: Landlord-Tenant
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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Question landlord turns off my electric payment? I payed her

Customer Question

Question landlord turns off my electric for none payment ? I payed her the day b4 she said she was going to shut off the electric she still had it shut off anyway . I then called the eclectic company and had them turn it on I have nereve had electric in my name b4 so this was a new to me I have 2 kids and I needed electric so the electric company was nice enough to turn it on an I could split my 200 $ depos at a later time . also the month of October I didn't pay her rent because my bathroom is unlive able toilet is cracked and tub won't drain . yes I have told her several time but she said it's my problem .. She then got papers served to me to eveict me the court gave me a second chance to pay my 1250 rent witch I did with in the 5 days . I have filed out a RSF form for the county and made a counter suit toward the lmadlord for the eclectic . I have all recipes showing I am up to date and I have moved out as of today .. She then filed amendment with my real name on it because last one was not my last name it was a Nick name . do I have any thing to worry about ? Please let me know this is a first for me .. This landlord has been harrasing me telling me I should be ashamed of my self I'm a thief and how could I live with no electric calling me a free loader ... I could go on I have court 2marrow please tell me what I have to look farrword too. This women said she will sue me for 10000 and is charging me 1200 late fees because I was late on rent for sep and October can she?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. My name is***** am going to assist you with your question.

Expert:  MIAMILAW1127 replied 1 year ago.

Depending on what the lease says, she is entitled to charge you a late fee for being late on the rent.

However, it is her responsibility to fix the bathroom. If she continues to leave the bathroom in the state it is in (and this is the only bathroom in the property), this can be what is called a constructive eviction.

The issue with the electrical bill is a separate one. You have the responsibility to pay the utilities. Normally, the landlord would require you to put the utilities in your name. In this case (where the utilities are under the landlord's name), if you fail to pay, then the landlord is forced to pay the bill. However, they cannot shut off the electricity until you pay as this is another form of a constructive eviction. The proper remedy would have been to sue you for the nonpayment of the utilities.

I think the best approach for you would be to agree to pay the rent into the court registry contingent on the landlord fixing the bathroom. You already had the electricity changed to your name, so make sure to continue paying that on time. Offer to put all the utilities under your name so that the landlord doesn't have to worry about that.