Any Real Estate Legal People here?

kblessinggr

kblessinggr

PedoBeard
Sep 15, 2008
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G.R., Michigan
www.kbeezie.com
Got a weird call from my grandfather today. Here's the summary of what they have.

They rent a house, lease includes utilities as part of their rent, and they're up to date on their dues, they don't owe any back-rent etc. Their lease is not up until next month.

The landlord been bugging them about either upping the rent or making utilities separate. (Landlord rents them the upstairs of a split level house, no one has yet rented the downstairs)

Today he told my Granddad he was gona turn off electricity in 2 days. I'm pretty sure thats illegal (ie: self help eviction). But I can't seem to find a single useful reference to it in Georgia Law to provide him. Course my granddad who is 84, thought he could do it until I told him that I'm pretty sure he can't legally do that.

Anyone know where I can find actual information (particularly for Georgia) about this type of action being illegal. Been searching google, but affiliate marketing bites me in the ass with all the saturated information. ( :D )
 


I don't know the situation of the paperwork involved, but I am also 99% sure that is illegal regardless of what the lease says.

Since he is elderly, there are definitely housing agencies that will do legal work for free. I know a lot of universities have programs in their law school where they will do representation on issues like that.
 
Check this out :

Georgia landlord tenant Laws, Atlanta real estate laws.

44-7-14.1.
(a) As used in this Code section, the term 'utilities' means heat, light, and water service.
(b) It shall be unlawful for any landlord knowingly and willfully to suspend the furnishing of utilities to a tenant until after the final disposition of any dispossessory proceeding by the landlord against such tenant.
(c) Any person who violates subsection (b) of this Code section shall, upon conviction, be assessed a fine not to exceed $500.00.

I'm not a legal person, but this seems to say that he cannot.

That may help.
 
id call the utility company to be honest and explain your case to them.. they should know enough about this to give you an answer as well as I bet they deal with landlords a lot.

Of course, contacting a lawyer is best... but I would be curious as to what the electric company would say.
 
eliquid said:
id call the utility company to be honest and explain your case to them.. they should know enough about this to give you an answer as well as I bet they deal with landlords a lot.

Of course, contacting a lawyer is best... but I would be curious as to what the electric company would say.
Click to expand...

Electric company says:

"If the account is in the landlord's name, we have to honor their request for a disconnect".
 
If it specifically says in the lease that utilities are covered, he can't "legally" turn them off. Meaning your grandfather would win a court case. However, like the Utility Company said, they have to honor the request of the person who controls the account. They don't care what your lease says.

In short, the landlord is a douche. You'll win a court case, but that'll cost you more than getting the utilities hooked up plus a few months of service.
 
You need to write him a letter. Its a breech of contract till the lease is over, and his putting Grandmas health in danger. Could be trouble for him. Always deliver all messages on paper and keep copies. He should back off when he realizes his braking the law.

Heres your official state link for tenant and landlord handbook.
Lanlord-TenantHanbook
Find what you're looking for and send it to him.

Look at this.
"A landlord who has a tenant-at-will must give sixty (60) days notice to the tenant before seeking to terminate the agreement or change any term of the original agreement."
 
Try the local health department. With elderly folks the lack of electricity could pose a health issue. Another avenue to approach is the local DA for that area. Some jurisdictions just love to spank someone for screwing with older folks.
 
If its in the lease as part of the rent, and he is paid up, the landlord should not be able to turn it off. You need to see if its written into his lease. Lots of variables depending on what the lease he signed says they are both responsible for.
 
craigmc said:
Try the local health department. With elderly folks the lack of electricity could pose a health issue. Another avenue to approach is the local DA for that area. Some jurisdictions just love to spank someone for screwing with older folks.
Click to expand...

I wonder if this is either a health code or environment violation, (But hey least he mowed lol):

2.jpg

1.jpg

I'm not sure what the heck the landlord was burning, but looks like a couple speakers in there.
3.jpg
 
I would check out the Georgia Department of Human Services. They most likely have contacts specifically to assist seniors with situations such as this. DHS usually administers heating and utility assistance programs like HEAP. Not sure what its called there but I bet they know the rules concerning utility disconnections.
 
Sorry to hear about your grandparents. Defiantly illegal. However, you'd probably have to take the landlord to court to get any "legal" retribution. It may be in your best interest to help your grandparents find a new place to live before such proceedings commence.

On a side note: If it were my grandparents I'd drawn and quarter the Son of a Bitch.
 
easy fix - Landlord says he going to turn off electricity - you say that your going to piss all over his house... pretty sure LL will back off...not sure if the state favors LL or Tenants...but here in Ontario...tenants can pretty much get away with anything. Perhaps LL thinks your grans are wasting too much electricity. Anyways, as someone mentioned lease is a contract and they cant break it legally unless both parties consent. Any increase in rent usually needs 90 days notice....so you have some time
 
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