Legal Question in Landlord & Tenant Law in Massachusetts

Utilities shut off?

Hi, I have rented my parents home to some dead beats. I have started the eviction process with a 14-day notice to quit. They were suppose to change the utilities to there name per lease agreement and have not. My parents have received a Pass due notice. After 60 days the Electric light company will disconnect. Should I pay it or not? Or should I serve them with a 48 hours notice that I am disconnecting the service under my parents name? They are 2 mths. without paying rent.

Thank you


Asked on 12/18/07, 10:53 am

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Utilities shut off?

If your lease agreement was clear and legal, you should simply notify the tenants that you have been advised that the electric will be disconnected unless placed in their name. This should be done by certified mail.

Please note that I said "clear and legal." Given the importance of protecting the property and your parents' rights, as well as your own, you should have an attorney assist you at all steps of this transaction, beginning with a review of the lease. I am CONSTANTLY amazed at how many "cowboy" leases get drafted in this day and age. The cost of obtaining an "RHA Standard" is not so high (including annual membership in the RHA) that the BEST forms should be ignored by the landlord. These Massachusetts-specific documents save landlords thousands every year, because they FULLY CONFORM to the highly regulated residential tenancy law in Massachusetts.

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Answered on 12/18/07, 10:59 am


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