Utility Shutoffs

UTILITY SHUT OFFS ARE ILLEGAL! - FACT SHEET

Please note - this document is for informational purposes only, and does not constitute legal advice. If you feel you are need of legal advice, please contact an attorney.

A utility shut off is a wrongful eviction. It occurs when a landlord cuts off the water, electricity, gas or any other services by affirmatively calling a utility company or some other action to decrease the services provided to the tenant. It is also known as a "self-help" eviction because the landlord avoids the normal recourse of filing an eviction and decides to do it himself. It is often done to avoid court costs, the paying of an attorney, the hassle of a court action, or to simply exert power over another. Wrongful eviction laws were passed to avoid unnecessary breaches of peace. It is a violent act, which creates greater violence.

Normally, your lease says who will pay the gas, electric, and water bills. But, if your apartment does not have a separate meter, your landlord must pay the utility bills, no matter what your lease says. "Separate meter" means that your meter cannot include any other units or any common areas, such as shared halls or laundry rooms.

STATEMENT OF LAW:

Statute §441.233.2 RSMo (1997) states: "Any landlord or its agent who willfully diminishes services to a tenant by interrupting or causing the interruption of essential services, including but not limited to electric, gas, water, or sewer service, to the tenant or to the premises shall be deemed guilty of forcible entry and detainer..." This statute entitles a tenant to sue for double the actual damages in court.

UTILITY SHUT-OFFS WHERE BILL IN LANDLORD'S NAME

If the landlord does not pay the bill, the utility company may shut off service. The utility company has an obligation to the customer of record, so if the bill is in the landlord's name, they will suspend service upon request. However, that does not mean that the landlord can do it! If the landlord has taken on the responsibility to pay the bill, they must do so, and cutting it off is a violation of the law.

If the landlord cuts off the utility, call an inspector since a residence without utilities constitutes a code violation in most municipalities.

TAKE ACTION

If it is your landlord's duty to provide the utilities (gas, electric, and water), s/he CANNOT shut off these to force you out of your apartment. If you are sure the landlord has shut off the utilities on purpose, you should do the following:

· It is a good idea to hand deliver a letter to the landlord stating the law. Print and fill out the sample letter attached with this document. (Click on sample letter to bring up the letter).

· Call the landlord or manager. Hand deliver the letter.

Explain that by shutting off the utilities the landlord has violated Missouri state law which poses civil liabilities.
Ask them to arrange to have them turned back on.
Bring someone with you to act as a witness.

If the landlord refuses to turn the utilities back on, call the police immediately.

a. Explain the situation.

b. Remind the police officer of the law (§441.233) and tell him or her you want to file a criminal complaint. Make sure you get his or her badge number so that you can contact him or her if you have to go to court later.

c. Ask the police officer to call the landlord and arrange for the three of you (you, the landlord/manager, and the officer) to meet at your apartment and discuss the situation.

d. Sometimes police officers do not like to deal with these issues or don't know the laws themselves. Do not get discouraged! Have a copy of your letter ready or get a copy of the law from InfoLine to show the officer.

If the landlord still refuses or has "disappeared," Do the following:

a. Call a private lawyer or Legal Services/Legal Aid.

b. If your landlord shuts off your utilities, and you have personal belongings that are destroyed or you are forced to move as a result, you may be able to get money damages.

When do I sue?

· If the landlord causes any damage to your property or causes you any loss of money, you may sue for double the losses plus any legal fees that may occur. For example, if the landlord cuts your gas and you go without heat or hot water, you can sue for double your losses. If you have any extra costs in child care, storage of property, moving costs, shelter costs, etc., prepare an itemized. As always keep all receipts, contracts, police reports, etc.

· You may also sue for Malicious Intent, and get punitive damages. If the eviction has resulted in mental or physical injury, and the landlords conduct was intentional, you should consult legal representation to proceed with this claim.

Here is a sample complaint:

Sample Complaint

January 10, 1999

I rented the apartment at 56 Heavenly Lane Apt. #2, St. Louis Missouri 63101 from Larry Landlord for $300 per month. I moved in on November 1, 1998. On December 15, 1998, I returned home from work and found that the electricity in my apartment was shut off. A message on my machine from the landlord stated he wanted us out of the apartment. After hand delivering a letter to my landlord and talking with the police, which were not able to respond, my family and I left and went to a motel for 4 days. When entering the apartment in order to get our belongings we noticed all items in the refrigerator were spoiled. While in the process of moving all my personal belongings out of the apartment the landlord came and told us we were on his property illegally and threatened us with his gun and told us to leave immediately. After being threatened by the landlord, I went to file a claim in Civil Court against the landlord for the following items.

My claim is for the following amounts:           Damages               Double
   Spoiled items in refrigerator                         $100                    $ 200
   Motel for four nights and moving costs        $600                    $1200
   Storage                                                           $100                    $ 2OO
   Utility hook up in new unit                              $ 56                    $ 112
Child Care                                                       $200                    $ 400
_____________________________________________________

                                                                                                        $2112

Malicious Intent by Landlord: Punitive Damages                        $ 500

Total                                                                                                  $2612

Where do I sue to get damages back from a lockout?

If you decide to sue, go to the courthouse and ask to file a complaint in Civil Court. You may also sue your landlord in small claims court: However, you can only sue up to $3000 in this court. You do not need an attorney to do this - you may represent yourself. You will need to file a complaint in the county court in which the property was located. For example, if your apartment was in St. Louis City, you will need to file in the St. Louis City courthouse (which is downtown at 10 North Tucker). If the apartment was in St. Louis County, you will need to file in the county courthouse, which is in Clayton.

Some useful numbers:

St Louis City                                                                       St Louis County

City Clerk (Civil) General Info:   622-4433   General Information: 889-3029

Small Claims Court:                    622-4434            Small Claims Court 880-3091

What is a counterclaim?

The landlord may file a counterclaim saying that you owe him or her money. For example, the landlord may say that you owe $600 dollars in back rent, and wants you to pay that rent. The judge will hear your claim and landlord's counterclaim at the same time.

How should I prepare for court?

· Collect your evidence and have it neatly organized. Evidence includes any written documentation that you can find - your lease, receipts from your rent payments and from your security deposits, cancelled checks from paying your rent or your deposit, copies of letters you wrote to the landlord, letters the landlord wrote to you, your move-in or move-out sheet which itemized damage to the apartment, any documentation form city building inspectors, etc. If in doubt, bring it.

· If you are unable to afford the court costs, you may be able to file under In Forma Pauperis, or "as a poor person," which will waive all or part of court costs to sue your landlord. The form for this motion is available at the Court Cashiers office and must be signed by the Judge.

· Bring witnesses - the person who went with you to meet with your landlord, or anybody else that might
help you in your case.

What is a settlement?

A settlement is an agreement between you and the landlord to end the lawsuit. A compromise is often the best solution. Even if you win in court, you may have a hard time collecting the money the judge says the landlord owes you. You might be better off to agree to a smaller amount if the landlord will pay you right away. If you and the landlord agree to compromise, make sure you write down what you each agree to and both of you should sign the agreement. Take the agreement to the hearing and have the court approve it.

IT IS VERY IMPORTANT TO KEEP NOTES ON SHUT-OFF DATES AND ALL POSSIBLE EVIDENCE (contracts, police reports, etc.). KEEP EVERYTHING!

Last modified: May 22, 1999