questions & answers

Question: Can my landlord evict me if my electricity is out due to non-payment.? In the lease it states that water and trash is included and electric and gas is the tenants responsibility. Our electric has been off for 5 days but we've payed the bill and will be back on tomorrow morning. Can my landlord give us a notice of immediate termination ?

Answer: YOur landlord must give you a notice to get the electricity on before starting a court eviction action against you. In your case, if you have not received a notice and the power is back on, you should not be subject to eviction now. Remember the landlord could serve you with a 24 hour "Immediate Breach" notice and start an eviction against you if you let the electricity get shut off again, since you have an obligation to maintain the place and comply with building and health codes. Not having power would probably be seen by a judge as breaking the code. If you do get served with court papers and have to go to court, be sure and get something from your power company showing that the power is back on to show to the judge.