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Can a landlord shut off my utilities for non-payment of

Customer Question
Can a landlord shut...

Can a landlord shut off my utilities for non-payment of rent

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Tulsa Oklahoma

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

We have a verbal lease 650 a month all bills paid I have paid him $300 and he how shut my electricity off twice causing $100 worth of food to spoil each time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He has been harassing me about ran I have texted him and kept you informed every week is threaten to call DHS on me and I have a disabled person living in the home

Submitted: 2 months ago.Category: Landlord-Tenant
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5/28/2018
Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 22,747
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Your Question:

Can a landlord shut off my utilities for non-payment of rent

Response: No. There is self-remedy to eviction actions in Oklahoma. This means that the Landlord cannot shut off the Tenant's utilities or change the locks to force the Tenant out. The Landlord must use the Court system to accomplish the eviction. If the Landlord shuts off the Tenant's utilities for non-payment of rent, that is an illegal act. The aggrieved Tenant should immediately go to Court and file Motion against the Landlord to restore utilities and for sanctions for the illegal act. See Oklahoma Statutes Title 41 Section 41-123.

If a Tenant has not paid rent, the Landlord must give the Tenant a 5-day written notice to pay or vacate the premises. If the Tenant does not pay, but does not vacate the premises at the expiration of the notice, then the Landlord must file eviction action in Court and serve the Tenant with the Summons and a copy of the complaint so that the Tenant can respond to the complaint. A hearing will be held. If the Court finds in favor of the Landlord, the Tenant would be ordered evicted. The Landlord would then furnish the papers to the Sheriff to carry out the eviction. The Landlord cannot evict the Tenant himself.

You need to go to your local Courthouse and file emergency Motion with the Court to force the Landlord to turn your utilities back on and to sanction the Landlord for self-remedy to eviction action and for your damages from the illegal action. See Oklahoma Statutes Title 41 Section 41-123. You can obtain blank Motion forms at the Courthouse in the Clerk's office.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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