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Gave 30 Days Notice of Moving / Utility Shut Off Posted on My Door 2 Weeks Later

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  • 07-19-2008, 12:49 PM
    DoubleDipped
    Gave 30 Days Notice of Moving / Utility Shut Off Posted on My Door 2 Weeks Later
    My question involves landlord-tenant law in the State of: Pennsylvania

    I gave my landlord 30 days notice on July 1st that I had purchased a house and would be out of my unit by July 31. I have been renting month to month for 14 years and 7 months.

    I pay for all utilities other than heat. On July 16th my electric company posted an "Occupant Notification of Ratepayer's Request for Turn Off of Service". The notice states that my electric will be shut off on July 29th.

    I immediately called the electric company and told them that I had not yet made any arrangements with them for switching over my service or terminating service at my apartment. I said my rent was paid to the end of the month and that I would still be physically occupying the apartment right up to the 31st.

    Once they asked for my personal info, such as name and address, they told me that someone else had requested the shut off and that they would not cancel the shut off until the person who requested it called them. The only information they gave me was that they received a call from a woman who said she was occupying my apartment and she wanted the electric shut off.

    They also refused to give me the name of the person who requested the shut off based on "confidentiality reasons". So I have no idea who requested it, my landlord(?), future tenant(?), ex wife who heard about my home purchase(?).

    I want to know what legal rights I have to find out who is shutting my electric off on me, and any civil remedies I can persue once I find out who it was. My landlord inisists it wasn't him. Penelec called me back and said that they received a call from my landlord vouching that I am the one living here and that I will be here until the 31st. Still they say there is nothing they can do unless I find out who called and then persuade them to cancel the cancellation. What gets me is Penelec has a name (probably a made up one), and they refuse to tell me what that name is.

    Either way it appears that my electric will off for three days without my consent and Penelec says there is nothing I can do about it.
  • 07-20-2008, 05:43 AM
    LawResearcherMissy
    Re: Gave 30 Days Notice of Moving / Utility Shut Off Posted on My Door 2 Weeks Later
    I am at a loss. By their logic, anyone can call to have anyone else's lights shut off, with no recourse. Something isn't right.

    I would suggest you file a complaint with the Pennsylvania Utilities Commission. You can call them at 1-800-782-1110 or follow the procedures online.

    Personally, I'd call. But read the webpage cited so you have all of your duckies in a row before you do.
  • 07-21-2008, 01:07 PM
    DoubleDipped
    Re: Gave 30 Days Notice of Moving / Utility Shut Off Posted on My Door 2 Weeks Later
    Thank you. I called the PUC and filed an informal complaint with them concerning Penelec's flawed policies. It will take three to four months for them to conclude their investigation, or whatever it is they do.

    However, I did find out who it was that requested the shut off. Mail arrived today with so-and-so's name on it, so I called my landlord and asked if he knew who so-and-so was.

    Turns out it is someone who he showed the apartment to a couple of weeks ago and she expressed an interest in renting it. By the way he apparently was showing my apartment to people without my knowledge while I was at work. Obviously he must think he can do that without me being home. I've had two incidents in the past (that I know of) where my landlord and/or his agents have been in my place without consulting me. The first time I found a maintenance guy in my bathroom, the second time I heard voices in my basement and it was some guy who had "permission" from my landlord to hook up a garden hose to my utility tub to do something outside. (There is no outside hookup.) Even if there was, I pay the water bill.

    Anyways, she must be under the impression that she is moving in before the 31st because my landlord told her that my place would be available "the last week of the month". I made it crystal clear to him that my rent was paid to the 31st so it would be in everyone's best interest that she knows she can't take possession until the 1st of next month.
  • 07-21-2008, 02:41 PM
    jk
    Re: Gave 30 Days Notice of Moving / Utility Shut Off Posted on My Door 2 Weeks Later
    Well, first to this:

    Quote:

    Turns out it is someone who he showed the apartment to a couple of weeks ago and she expressed an interest in renting it. By the way he apparently was showing my apartment to people without my knowledge while I was at work. Obviously he must think he can do that without me being home.
    I can find no statute controlling the landlords entry so guess what that means? He can enter without notice to you with you there or not unless there is a local law or it is in your lease.

    So, now that that is out of the way;

    If you get anymore mail to your residence for the new tenant, I would simply marked it "adressee unknown return to sender" You do not have to place post office for the new tenant.

    Then, I would call the power company back and in form them you are still the tenant and you have made no request for disconnect. I would not even add that you will be calling them by the end of the month. That is irrelevent. If they do disconnect prior to your request, you need to file a complaint with the public service commission. Be sure you have the names of the people you talk to at the power company.

    If the person you speak with refuses to acknowledge you have no intention of turning off the power prior to the end of the month, speak with a higher up and do so until somebody gets it through their thick head you are their customer at that address until you give notice it has changed.

    Curious as to what the LL said when you assured him you would be occupying the place until the first of the month.
  • 07-21-2008, 03:22 PM
    DoubleDipped
    Re: Gave 30 Days Notice of Moving / Utility Shut Off Posted on My Door 2 Weeks Later
    I got the electric squared away today. Both with my apartment and with the seller of the home I purchased. That part is done.

    As for the LL? He was under the impression that because my closing was a week before the end of the month that I would be out and he could rent my place out early. I told him, no, closing was the third week of the month and the seller asked for an additional 5 days to move after closing. (I agreed to that in our sales agreement.) My primary concern was to leave myself enough time for me to be totally out by the end of the month. By the way, the seller agreed to pay for the utilities there all the way to the 31st, I pick up on Aug 1st.

    I told him it gives me the last three days in July to move my things out which I would be doing. He now knows for certain that I will still physically be here until the 31st. (As if that matters, because I am paid up for the entire month anyway.) He also said that he hasn't received any money yet from the new tenant, so she is jumping the gun with this utility stuff. I guess I'll be hearing from the cable, water, and phone companies too.

    If the LL doesn't give her a call to cool her heels, that's okay, a friend of mine knows her and how I can contact her myself if I have to. Why she asked for a shut off and not just a switch over is beyond me. She must be new at applying for utilities.
  • 07-21-2008, 03:56 PM
    jk
    Re: Gave 30 Days Notice of Moving / Utility Shut Off Posted on My Door 2 Weeks Later
    sounds like you are good to go then.
  • 07-21-2008, 05:21 PM
    expertlaw
    Re: Gave 30 Days Notice of Moving / Utility Shut Off Posted on My Door 2 Weeks Later
    Quote:

    Quoting jk
    View Post
    I can find no statute controlling the landlords entry so guess what that means? He can enter without notice to you with you there or not unless there is a local law or it is in your lease.

    I doubt that. I would expect state law to apply an implied covenant of quiet enjoyment, preventing unreasonable intrusion by the landlord.
  • 07-21-2008, 05:42 PM
    jk
    Re: Gave 30 Days Notice of Moving / Utility Shut Off Posted on My Door 2 Weeks Later
    Quote:

    Quoting expertlaw
    View Post
    I doubt that. I would expect state law to apply an implied covenant of quiet enjoyment, preventing unreasonable intrusion by the landlord.


    and your point is?

    even as such, he does not have to provide notice. As long as it is not done in a harassing manner (multiple times without cause), the law is on his side.

    Showing the residence to a prospective tenant would most assuredly be allowed. Since the OP was not at home, there would be no intrusion to the OP's quiet enjoyment.
  • 07-21-2008, 08:13 PM
    DoubleDipped
    Re: Gave 30 Days Notice of Moving / Utility Shut Off Posted on My Door 2 Weeks Later
    Setting the utility issue aside, since it was resolved; I merely wanted to give a general idea of my landlord and how he operates.

    I don't intend on making it an issue unless he gives me a hard time with my security deposit. Not that one thing has any impact on the other, but who knows. If I should have to go to court over my deposit, I won't hesitate to bring it up.

    But since you mentioned his "lawful right" to just walk in as he sees fit, I just wanted to comment that maybe, and only maybe that would be the case in the instance of some emergency (like a broken pipe or gas leak), and not to just walk in and let strangers go through my personal space without telling me. I rent more than just four walls and a ceiling....with it comes an expectation of personal privacy and security. Plus it seems like he is taking an awful chance in case something came up broken or missing.

    I think I would have the expectation of privacy whether I am home at the time or not. And it might be a different story if he at least asked first if he could bring in people while I was at work.

    If I was being shown an apartment and it obviously was being lived in, my first question would be "where are the tenants?" If the answer was "Oh who knows, but it's my rental, so who cares?"...I would be feeling a tad uneasy as a future tenant.

    After all, he is my landlord, NOT my room mate. Oh and I should add that my youngest two children (early teens) and their mother live with me as well. That should alarm you, as it did us. Apparently none of us were home that day, and certainly no one was aware that he was here and went through the place with total strangers. He mentioned that he wanted to show the place to people, but never said when he was going to do it.

    We live in a quiet town with no crime to speak of, just a shady landlord to watch out for. We won't miss this place.
  • 07-21-2008, 08:40 PM
    diannamichaelson
    Re: Gave 30 Days Notice of Moving / Utility Shut Off Posted on My Door 2 Weeks Later
    Here is a helpful hint, although won't help any now, but will when you are in your new home. Ask every utility to put a password on your account. This way if someone calls to make changes or cut-offs, they would have to provide the password, or nothing will be done. Hope this helps you in the future!;)
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