If I choose not to renew the lease agreement with my renters, and they don’t leave after the 30 day period given, can I turn off water and lights?
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If I choose not to renew the lease agreement with my renters, and they don’t leave after the 30 day period given, can I turn off water and lights?
All the bills are in my name and I pay them monthly out of the rent payment received from the renters.
Asked on February 13, 2011 under Real Estate Law, South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No, you cannot do this. It will be considered to be what is known as a "constructive eviction" and under these facts it is unlawful. A landlord may not retaliate against a tenant in this way; you can be held legally liable. In other words, even though these tenants may be in breach of their lease, you can still be sued by them. Legally their hold-over status and your terminating utilities are considered to be 2 separate matters. The correct way for you to handle this situation is for you to file for an unlawful detainer action (i.e. eviction). As long as you gave a written 30-day notice, you can file immediately after the date that you gave them to vacate if they have still not left the premises by that time.
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