Can a homeowner who has rented out a room, shut off the power to the dwelling and kick out the renter with no advance notice?

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Can a homeowner who has rented out a room, shut off the power to the dwelling and kick out the renter with no advance notice?

Renter has been paying in cash – per request from homeowner. Found out that homeowner is not supposed to be renting the property – but living there himself – which he is not doing. There are 3 other people renting rooms at same location – all have paid through the middle of the month. What can be done?

Asked on January 3, 2012 under Real Estate Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A home owner (landlord) can shut off the utilities to the dwelling being rented in an attempt to evict the tenant. However if this is done by the home owner (landlord) the tenant who is being evicted has a very good cause of action against the landlord for constructive eviction. Consequently, I suggest that the utilities be kept on at all times at the rental.

If you are the tenant who has had the utilities to your rental shut off by the landlord, I suggest that you consult with a landlord tenant attorney about what legal recourse you have.

 


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