Is a landlord required to have gas turned on in an apartment when a tenant moves in?

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Is a landlord required to have gas turned on in an apartment when a tenant moves in?

We moved into an apartment at the end of last month. Our instructions from the management group were to move utilities into our names effective the lease start date. The utilities were to already be instated but would need to be transferred to our names for billing. When we moved in on the 31st we found out there was no gas – meaning no heat and no hot water. When working with the gas company came to find out that the management group put in a request for this utility but never ensured it was turned on. It is now taking until Jan 6 for us to get heat because they failed to have it already on.

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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not the rental is to have fully operative utilities upon move in by the tenant depends upon what the presumed written lease agreement states in that the lease sets forth the obligations owed to the tenant by the landlord and vice versa in the absence of conflicting state law.

If the landlord is paying for the tenant's utilities, the landlord needs to have the unit operational for the tenant upon move in date. If the tenant (per the lease agreement) is to pay for the utilities, then it is up to the tenant to make sure with the utility companies that everything is in order at the time of move in unless the lease states otherwise.


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