Does a tenant have to keep on utilities until after a 30-day notice is over?

Question

i tried to give notice on the 3rd of July, landlord would not except because it wasn't the 1st...I'm going to go ahead and pay for another months rent, even though I won't be there. I transfered utilities to new place and scheduled shut off for end of July, but landlord now is saying I must keep the utilities on until the end of August or they'll sue! What should I do!?

Answer 1

You don't even have to keep the utilities on while you are there, just shut them off and ignore the landlord - I'll bet you never hear from them again.  Just make sure turing them off can't cause any damage (turn off the heat in the winter and pipes can freeze and burst - not a concern now but make sure nothing like that could happen).  Still, there is no law that you have to keep the utilities on while you are renting a place.

Answer 2

Your landlord is being a big jerk and a few unprintable other things.

First your landlord can not refuse to accept your notice because it is the 3rd of the month and not the 1st.   You can give notice any day of the month but remember that you are obligated from that date for another 30 days.  In your case that means that even though you give notice on the third of July that 30 days runs into August and therefore you are obligated for the entire month of August.  You should have given notice on June 30th--that is your mistake.

You are under no obligation to keep the utilities on for the landlord's benefit and his threat to sue you is pure BS.

Your best way to handle this is to stay there until the end of July or at least tell your landlord that whether you are there or not.  Your landlord can't complain because you have paid the rent through the end of the month.  Return the keys on the 29th 0r 30th and make sure the utilities are turned off as of that date. I was a landlord and have no sympathy for liars like this guy.  Your best defense against him is to know the law and stick to it no matter what he says.

Answer 3

If you are in a month to month lease, then you can give 30 days notice at any time. Most landlords would allow the extra 3 days for the month. Yours sounds like someone who is trying to scam you out of more money. Ok fine, so you pay an extra month, that is somewhat reasonable, although not really.

As for the utilities, shut them off as soon as you are gone. Why should you pay for something you aren't using. You aren't living there anymore so don't keep it going. The only reason the landlord wants the utilities kept on is so they can show the apartment to potential renters with everything running. If they want to pay you for that month, let them and then have it shut off, but I would highly advise not to do that because they could run the utilities up really high and then not pay you.

They have no right to sue for something like that. As long as the rent is paid, that is the end of where they can interfere. You don't need utilities to live in the apartment, and in fact you don't even have to live in the apartment as long as you are paying rent.

Answer 4

If the place isn't occupied  and your lease has been honored then no.

Sounds like the landlord wants to clean, and show the place on your dime.

A little more info required please:

did you have a lease or were you month to month?

did you give 30 days notice prior to or after you moved?

  here has a plethora of information that will be of use to you as long as you rent:

http://www.renterrights.org/

Answer 5

Just to clear a point up about giving notice.  If your intention was to move out by July 31, then in most places you are obligated to hand your notice in no later than midnight June 30. That is how the one month notice works.   If the landlord was willing to accept it on the 1st day of July that is his prerogative not his duty. Any later and your notice is considered late and does not go into effect until the next month.  That means you are not only responsible for July but for August rent as well.

In most cases utilities are completely separate from rent and are not included.  By utilities I am referring to hot water, heat and electricity.  However, there are many places that include heat and hot water in the rent.

I understand why he says until the end of August. I have explained that already.  So, it doesn't matter whether you are there or not you are still responsible for the utilities until the end of August.  However, if you elect to discontinue service as of July 1 that is between you and the utility company .  It should not involve the landlord.

It may be that he's worried that with you having canceled your service, he will have to pick up the tab for July and August which of course he doesn't want to have to do.  Utility companies don't usual shut off the service.  They just close out the account.  There would likely still be consumption (heat, fridge, hot water etc).

Quite honestly, unless there is something in the tenancy agreement saying that you must maintain services until the day you move out his case is pretty weak.  But I can't say because I've not read your contract.  

I don't know why he said he would sue you.  He has your security/damage deposit.  He just has to deduct any money he thinks is owed from that and you would have to go after him.

I would read your contract very carefully.

Get in writing a clear explanation why you are being told to maintain the utilities at all.

Then do what you plan on doing.  Just remember that your cancellation date for shutting the utilities down doesn't go into effect until August 31.  I hope you now uderstand why.

Answer 6

My previous landlord required 60 days notice and I was gone at that point at a funeral so I forgot and ended up giving 50 days notice so I had to pay rent for June (my lease was supposed to be up in May).  Well, I got married and moved at the end of May so I cancelled utilities at the end of May and I haven't heard anything from my landlord about this and it's now July.  So I don't think you have to keep the utilities on if you're not there.