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Intent to abandon
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john8192
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Joined: Sun Jan 28th, 2007
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 Posted: Mon Mar 10th, 2008 04:16 am
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I don't know if this is different from state to state, but here (VA) when the tenants don't pay the utility bills, the landlord gets them. And not in a friendly way. They are right away threating with a lien if non payment within 7 days, etc, etc.

I would just swallow the cost and then deduct it (plus all other fees) from the deposit at end of the lease term.

 

LandlordLaura
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Joined: Mon Aug 21st, 2006
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 Posted: Sun Mar 9th, 2008 08:12 pm
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As OH landlord mentioned, if the Tenant is responsible for utilities, the Lease Agreement should include a statement that the Tenant is responsible for having the utilities "on" and in their name during the entire term of their Lease (and list the minimum temperature setting required to prevent property damage).  This is especially important because you live in an area where the property could be damaged due to freezing temperatures that occur.

To protect your property, have you checked with the local utility companies that service the property to see if you can set up a "revert to owner" situation when utilities are turned off at your property?  It would at least keep your property from being damaged due to situations such as what just occurred.  If a problem occurs and the utility reverts to you, any utility bill (including an service charge due for the changeover...) that the Tenant is responsilbe for would then be billed back to the Tenant, as OH landlord mentioned.

Let us know how things work out for you...

OH landlord
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 Posted: Sat Mar 8th, 2008 06:31 pm
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Doesn't your lease required that she keep the heat on throughout her possession?  I'd call her and tell her that the heat must be on or she will be the one responsible for any damages to the unit from broken pipes and the related damage that it causes.  I'd also post a lease violation notice on her door and keep a copy just to document the fact you told her it has to be on.  If she refuses to turn the heat back on, have it turned on yourself, then read the meter when she returns the keys.  Use that reading as her final utility reading.  Deduct from her security deposit the utility usage up to that reading.  (The utility company can tell you how much using XX ccf of gas or KWH of electric that amount would have been.)

SassyGRITS
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Joined: Fri Mar 7th, 2008
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 Posted: Fri Mar 7th, 2008 08:46 pm
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but rent is actually paid ahead.  She has moved some stuff out and says will be back "later" for some of the rest.  The other stuff is her ex-boyfriends.  She does not attempt to screen calls from us and keeps saying she will come get the stuff.  She has moved back to her parents home.

The place is in bad shape now and it being winter time we hate to risk pipes freezing.  Can we change the locks, store the stuff left behind and proceed to prepare the place to rent again?  We are more than willing to refund some of her monies if we can get the place rented soon.

Since she turned the utilities off of her own accord doesn't that show intent to abandon the property?

 


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