A landlord in Georgia rented out a home with the understanding that the electricity would remain in the landlord's name, but that the tenant would pay the bill. The tenant has not paid the electrical bill. Can the landlord shut off the power?
A landlord in Georgia rented out a home with the understanding that the electricity would remain in the landlord's name, but that the tenant would pay the bill. The tenant has not paid the electrical bill. Can the landlord shut off the power?
No, that would not be permitted.
Any landlord who would set up such an arrangement is an amateur, so he probably should consult a real estate lawyer who handles eviction cases.
Depending on the terms of the lease, if there is a lease, the landlord may be able to treat the nonpayment of electricity as non-payment of rent; otherwise he would have to give longer notice to the tenant alleging that nonpayment of the bill is a material breach of the lease. At the end of the proper notice period, if the money remains unpaid, the landlord can commence an eviction lawsuit.
The landlord should get the electricity into the tenant's name, if he has not impaired his ability to do so through a poorly drafted rental agreement. In the future, unless he plans to include electricity (or other utilities) in the rent, the landlord should provide for future tenants to transfer utilities into their own names. A real estate lawyer can help the landlord draft an appropriate lease agreement.