Education for Justice                                               FACT SHEET H-18                                                          Fall 2009

 

UTILITY SHUT-OFFS

WHEN LANDLORD OWES BILL

 

 

THE SHUT-OFF NOTICE

If the landlord does not pay the bill, the utility company can shut off service.  They must mail you a notice or post it on your door, telling you that they will shut off service if the bill isn’t paid.

 

 

STOPPING A SHUT-OFF

First, call the landlord and demand that the bill be paid.  If they say they will pay it, ask them when.  Then, call the utility company to make sure it was paid.  If the landlord does not pay, there are 2 ways to stop the shut-off; an Emergency Tenant Remedy Action, or paying the bill and taking it off the rent.

 

1.      EMERGENCY TENANT REMEDY ACTION

You can file a court case called an Emergency Tenant Remedy Action (ETRA), also called an Emergency Relief Action.  Use the form attached.  The court can order the landlord to pay the bill.  If you have repair problems, the court can also order the landlord to fix them.  You can also ask the court to let you pay the utility bills and take it off your rent.  See our fact sheet, Emergency Repairs, to learn about ETRAs.  If you can’t get a court order before the shut-off date, call the utility company and ask them to keep service on until you get the court order.

 

2.      PAY AND DEDUCT

Minnesota has a pay-and-deduct law.  This law is for utilities, not repairs.  Some cities, like Minneapolis, also have their own pay-and-deduct laws.  To use the Minnesota law, first make sure the utility company agrees to keep your service on for another billing period if you pay.  Tell or write to the landlord 48 hours in advance that you are going to pay the bill and take it off your rent.  You can give less notice if service is going to be shut off in less than 48 hours.  If you tell the owner verbally, you must then send a written notice within 24 hours.  Keep a copy of the notice you sent.  Pay the most recent bill.  Get a receipt from the utility.  Send a copy of the receipt to the landlord and take the amount you paid off your next rent payment.  The utility company might only give you one more billing period before shutting off the utility.  If this is the case and your landlord does not make payments within this period, you may still have to file an ETRA in order to be sure of continuing your utility service.

 

3.      PAYING CURRENT CHARGES TO THE UTILITY COMPANY

You should first try to contact the landlord and get them to pay the utility bills.  If that does not work, you can talk to the utility companies.

 

Water:

The water company must tell you if they are going to disconnect the service.  Contact the water company.  You have the right to pay only the current month’s charges and keep the service on, or get it turned back on. You will NOT be responsible to put down a deposit or pay any late charges or fees that belong to the landlord. You will need to send your landlord a copy of the receipt showing the amount you paid, and then you can take that amount out of your next month’s rent.

 

Gas & Electric:

The gas and electric companies must tell you if they are going to shut off the service, and when.  You can contact the gas or electric company.  You have the right to pay only the current month’s charges and keep the service on, or get it turned back on, for at least another month.  You will NOT be responsible to put down a deposit or pay any late charges or fees that belong to the landlord.  You will need to send your landlord a copy of the receipt showing the amount you paid, and then you can take that amount out of your next month’s rent.

 

If you live in a 1-4 family building, you have the option to take over the account in your own name.  You will NOT be responsible to put down a deposit or pay any late charges or fees that belong to the landlord.  You need to send your landlord a copy of the receipt showing the amount you paid, and then you can take that amount out of your next month’s rent. 

 

 

WHICH OPTION SHOULD I CHOOSE?

The advantage of “pay and deduct” is that you can take the payment out of your rent, without going to court.  But if more than 1 utility is being shut off, or if you have repair problems, you should file an ETRA.  With an ETRA, you can make the landlord to pay all the utility bills and make the repairs.  You can also ask to have your rent reduced because of the repair problems.

 

If you change the gas and electric into your own name you are responsible for that bill from now on.  If you owe the gas and electric company any bills from before at another apartment or home, you may have to pay those past due bills.  The advantage is you are treated as a new customer and do not have to pay any of your landlords past due bills, and you can deduct what you paid from your rent.

 

 

Minneapolis Legal Aid – CLE

MN Legal Services Coalition

2324 University Avenue W. – Suite 101B

St. Paul, MN 55114

Don’t use this fact sheet if it is more than 1 year old.

Write us for updates, a fact sheet list, or alternate formats.

Fact Sheets aren’t a complete answer to a legal problem.

See a lawyer for advice.

 

STATE OF MINNESOTA

DISTRICT COURT

 

 

COUNTY OF                                                

                         JUDICIAL DISTRICT

 

 

 

 

 

 

 

                                                           

                        Plaintiff (Tenant),

 

EMERGENCY TENANT REMEDY

PETITION

 

 

            vs.                                           

Minn. Stat. 504B.381

 

 

 

 

                                                            ,

                        Defendant (Landlord)

FILE NO.:                             

 

 

 

 

 

Plaintiff states under oath:

 

1.                  My address is                                                                                                                          

2.                  My landlord’s name is                                                                                                  

3.                  My landlord’s address is                                                                                                          

4.                  The monthly rent is                                                                                                                   

5.                  _____  I notified the landlord that I was filing this action at least 24 hours before I filed;

or

_____  I tried to notify the landlord that I was filing this action by:                                                                                                                                                                                       

6.                  I have an emergency involving the loss of running water, hot water, heat, electricity, sanitary facilities, or other essential services the landlord is responsible for. My emergency is:                                                                                                                                                                                                                                                                                                                                                                                                                             

7.                  Besides the emergency, my rental unit also has the following repair problems:                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                

8.                  I respectfully ask the Court to:

a)                  Order the landlord to resolve the emergency immediately.

b)                  Set a hearing to check on the landlord’s compliance with this Order and to consider this other relief:

i.                     Order the landlord to make all of the other necessary repairs.

ii.                   Reduce my rent to $_______ per month until the month after all of the repairs are completed.  For any repairs that the landlord does not complete by the Court’s deadline, authorize me to pay for the repairs myself and deduct the payments from future rent.

iii.                  Enter a judgment in my favor for $________ to compensate me for rent paid while there were repair problems and for any other costs and damages arising from the repair problems, including attorney’s fees.  Allow me to collect the judgment by deducting it from my rent.

iv.                 If I am forced to move, order the landlord to relocate me into another apartment or to pay for temporary shelter and moving costs and to return my security deposit immediately.

v.                   Other                                                                                                                                                                                                                          

9.                  I certify that I am not filing this case for an improper reason, such as harassment or delay; my claims are supported by the law; and there is evidence for my claims.  I know that I may be fined or sanctioned by the Court if this statement is false.

 

 

Date:                                       

 

 

 

                                                                       

                        Signature

 

Subscribed and sworn to before me this

 _____ day of                           ,           .

 

                                                           

            Notary Public