THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, July 16, 1994 TAG: 9407140353
SECTION: REAL ESTATE WEEKLY PAGE: 06 EDITION: FINAL
COLUMN: Landlords & Tenants
SOURCE: William Mazel and Albert Teich Jr.
LENGTH: Medium: 61 lines
I've rented several apartments to tenants where I furnish the electricity, water and sewerage. Several tenants are behind in rent, and I'm having a hard time collecting from them.
With the recent heat wave, the tenants have run the air conditioners constantly. I am not receiving enough rent to pay for the resulting electric bills, much less my property taxes, insurance and mortgage payments.
If my tenants fail to pay the rent within 15 days, may I cut off the electricity?
No. If your lease obligates you to furnish electricity and other utilities to tenants, you must continued to do so.
If you cut off the electricity, you will have breached the lease and constructively evicted the tenants. As a result, you might find yourself on the losing side of a civil suit filed by your tenants.
A much better option is for you to go to court first. Once your tenants become delinquent in the rent, give them five days' notice to pay up or move.
If they do not pay their rent or move within five days, you should file suit in General District Court. Ask the court to grant you a judgment against the tenants for the delinquent rent, as well as possession of the property.
Once this happens, you may follow the proper legal procedure to evict the tenants. Landlords should never evict a tenant without court permission.
In the future, do not allow your tenants to become seriously delinquent in rent payments, particularly if you are furnishing the utilities. It's better to act as quickly as possible to keep your utility bills low.
A car becomes an eyesore
I have a problem with one of my tenants in a duplex, which has two parking spaces per unit. The tenant has two cars - one she uses every day, the other she never uses.
Trash accumulates underneath the unused car, which has expired inspection stickers. Because the tenant never cleans it, the car has become an eyesore.
I have tried to get her to remove the car, but she always says she plans to sell it. I have not seen her making any effort to do so.
Finally, I told her if she does not move the car within a week, I will have it towed. Would it be safe for me to tow it away?
You may tow the car if your lease or a city ordinance prohibits the parking of unlicensed, junk cars on the property. Otherwise, you must leave the car alone.
If you wrongfully tow the car, the owner has the right to sue you for the value of the vehicle when it was removed. You probably don't want to pay for such a car.
Another option is to check your local health department's policies on junk cars. Many departments prohibit the storage of such vehicles on residential lots because they pose a safety hazard. MEMO: Albert Teich Jr. and William Mazel are real estate lawyers based in
Norfolk. Send comments and questions to them at Real Estate Weekly, 150
W. Brambleton Ave., Norfolk, Va. 23510. by CNB