Monday, July 5, 2021

Shutting Off Utilities Can Cost You

I understand landlords' frustration with the CDC and it's refusal to take small landlords' dire situations into consideration. However, don't make a bad situation worse by shutting off your tenants' utilities.

GEORGIA CODE

Georgia code 44-7-14.1 makes it unlawful to suspend utilities until the dispossessory process is over.  Additionally, if convicted, the court can fine you up to $500.  However, that is just the state's penalty.

WRONGFUL EVICTION

The tenant can also sue you for wrongful eviction, which would include actual damages for loss of power, emotional damages, and punitive damages. It's not worth the hundreds of dollars you may save by shutting down the power if it costs you tens of thousands of dollars for being impatient and frustrated.

STEPS TO TAKE ONCE YOUR 
UTILITIES ARE SHUT OFF

1. Email the landlord and demand restoration.
2. Document any food loss from electricity loss.
3. Document extra expenses and time off from work.
4. If the a/c or heat are inoperable, document the temperature.
5. Every 24 hours, email your landlord until service is restored.
6. Call a lawyer to determine if immediate intervention is required.
7. Once service is restored contact a lawyer to discuss claims against your landlord.


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