Utility Service Termination: A Tenant's Options
When the landlord is responsible for a utility bill but doesn’t pay, did you know that if your utility services are at risk of being cut off, you have rights to protect you? Let's dive into what these rights mean for you in simple terms.
If you receive notice that your utility services might be terminated:
The utility company needs to send a notice before termination. Then, you and the utility company can ask a court for help. 765 ILCS 735/2.
- File a petition in court.
- Serve the petition to the landlord and the utility company except when the utility company participates in the case.
- This court can appoint someone called a receiver to collect rent from tenants to cover utility bills. But there's a limit – only two such requests can be made for a building in a year.
- The court will make a plan for the receiver to pay the utility bills using the rent collected. The receiver also has to cover other building expenses like repairs and maintenance.
- The receiver has 10 days to evaluate if the rent collected is enough to cover the bills and other expenses. If not, the receivership ends.
If action is taken to prevent the utility services from being cut off, the person who asked for help (like you or the utility company) can ask the court to make the landlord pay for all the costs and fees involved. 765 ILCS 735/2.2.
If your utility services have already been cut off:
If a receiver is appointed, they have to make sure the utility company gets access to the building. And once they're in charge, they have to figure out how to restore the services as soon as possible.
Suing the landlord for compensation:
If your landlord violated the rules about utility services and you suffered because of it, you might be entitled to damages. This could mean not having to pay rent for the months you were without services and getting extra money if your landlord was being really unfair. 765 ILCS 735/2.1.
So, what's the bottom line? If you're facing the threat of losing your utility services, don't panic! You have rights, and there are ways to protect yourself. Don't hesitate to seek help and take action to ensure your home stays safe and comfortable. Keep standing up for your rights.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.