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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38238
Experience:  Attorney over 17 years, landlord 26 years
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I own rental property with the power in my name. tenant has

Customer Question

I own rental property with the power in my name. tenant has been paying bill every month when it comes in until four-five months ago. i took out summery ejectment for non payment and had power turned off. went to court tues. judge told me nc laws states i cannot turn power off even though in my name. is this true.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: first Thing i told you was NC.
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: lease is rent only. power bill was to be put in his name. would not. he paid bill when i gave it to him until few months ago. now owes me $1200.00.
JA: Anything else you want the lawyer to know before I connect you?
Customer: not that i can think of. is there a charge for this?
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Landlord-Tenant Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.
Customer: how much is the rest.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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. judge told me nc laws states i cannot turn power off even though in my name. is this true.

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Yes, this would be considered an illegal eviction and would give the tenant grounds to actually sue you for damages. If the utilities are on when the tenancy is occurring, then the landlord has to keep them on during the tenancy and pursue the tenant for any money in small claims court. That is why it is always a good idea to put in a cut off date for a few days after the tenant moves in to ensure that they transfer the utilities into their name.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister