Landlord disconnected utilities, refused to submit documents to utility company

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stephanie17s

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I moved into an apartment August 1, 2010. I immediately contacted the utility company to have the electric, heat, and cooking gas switched to my name, as it was in the landlords name for July 29 and 30, as they were cleaning the apartment from the previous tenant. I submitted everything the company asked for. I received a letter a few days later stating that they need the landlord to do two things: 1. Call and request their service to be disconnected and 2. submit proof of property ownership, such as a mortgage statement or current property taxes, so they know the property is in her name. I called and requested she do this, and she ended up faxing in a letter she wrote stating she is the property owner.
After a month I didn't get a bill, so I called the utility company. They tell me the service is still in the landlords name because they did not submit the required paperwork. They tell me they sent her a letter 3 weeks before asking for the documentation and they did not receive a response. I call the landlord and ask for her to please submit what they are asking for so we can get this straightened out. She says she doesn't understand why they need proof of ownership, and says she will fax it the next day. I later find out she simply faxed another letter she wrote.
2 weeks ago, I get a call from her that she received a final disconnection notice, in my name, to her address. This made no sense to me, but I told her to drop it off the next day and we would figure it out. She calls back a few minutes later to tell me that the notice was actually in her name, and told me I needed to pay the full balance of around $500 immediately to avoid damaging her credit. I told her to drop it off and we would take care of it.
The next day I call the utility company to try to resolve the issue. As the account is not in my name, they cannot tell me anything. I ask to start the process again of having the utilities transfered to my name. As she is entering my information, my account comes us. The company has all records of everything I ever submitted, phones calls, e-mails, etc. She says that there is nothing more that I can do without the cooperation of my landlord. I try for the next 4 days to contact the landlord, leaving multiple messages, and getting no response. Finally, a week after she initially informed me of the disconnection notice, she calls me and says she contacted the utility company and because the problem was not solved, she put in a work order for the service to be disconnected the following day. I tried to explain that I did everything I could, and the only thing they need is her mortgage statement or property taxes. She continues to argue with me, not understanding why they need this. I told her I didn't know why, I just knew they did.
To make this shorter, the power ends up being turned off the following day, and she does not fax the correct document for 3 days after that. So, my power is due to be reinstated this Monday, 6 days after it was turned off. She calls me after she faxes the correct document, and tells me that this was my fault because I had been neglecting bills. I told her I had never received any bills, and she denies receiving them as well, except the final disconnection notice...??

I contacted the company yesterday to ask about setting up payment arrangements for the back bill from August. They told me I am not liable for this bill as I did have an account with them, and it was negligence of the property owner for not submitting the documents they requested of them. I ended up giving my landlord notice that I will be moving because this entire process has been so frustrating and stressful. This landlord also illegally entered my apartment (no phone call, no 24 hours notice) in September to leave me a scathing, profanity filled letter about dog feces in the yard. I should have moved then, but was not in a position to do so.

I also found out during this process that my landlord is not actually the owner of the property, her deceased father in law is. Now, I don't know why exactly it was never put into her name, or if there is some kind of scam going on here, but I do know it has been this was since he passed in 2001. Perhaps this is why she was hesitant to submit those documents to the company.

I want to know what liability I have for the utility bill, and the rent. I have been unable to occupy this property for 6 days total (provided it is actually turned on Monday) because there is no heat or electric in the apartment, and it's about 30 degrees here in NY. I have been staying at a hotel as I am not close to family or friends here. My dog has been boarded for this length of time as I could not find an affordable hotel that would allow her. This whole process is costing me nearly $600 for the hotel, dog boarding, and spoiled food.

I feel that I did everything I could to rectify and prevent this, and the end results are not my responsibility. I could be very wrong about that, but based on what the woman at the utility company told me, I am not liable for the utility bill.

I do not have a lease, or even a written rental agreement. I have my call logs to prove the multiple times I tried to contact her, as well as the e-mails from the utility company from both August and now to prove I did everything I was supposed to do.

Any advice in this matter is very much appreciated!
 
Personally, I wouldn't pay this landlord another dime, and I would not pay they utility bill... but that is because I don't have much of a conscience.

The bill is not in your name. They won't be coming after you. However, if she should sue then you may be ordered to pay whatever amount you were actually responsible for.

It seems this landlord is not the legal owner, and that may mean that any lease you signed is not valid. You are probably best off to move out as soon as possible. If she tries to sue for breaking a lease and wants rent money then she can show proof of ownership... which it sounds like she can't, and probably won't sue.

Pack your bags and move along. Don't give this woman another dollar. This is all her fault and she will continue having this problem as she tries to re-rent.
 
Hmm... now I see that you never signed a lease, so technically you are month to month... but even so, if she is not the owner then it may not be legit.

The cutting of the power essentially amounts to an illegal eviction... you might even be able to collect damages from her! You could demand reimbursement for the cost of the hotel and putting the dog in the kennel... and cost of eating at restaurants and any other costs you have taken as a result of the power being cut.

Either cut your ties and run, or cut your ties and pursue her with a civil demand or small claims for what you are out.

Not having signed a lease is not really a big deal here.
 
Thank you for the advice, I really appreciate it. I have talked to several friends and co-workers about this, and no one can believe this.

I've been doing some research and I came across something called "Constructive Eviction", which seems to be exactly what happened to me. Can you provide me with further information on this?

I have not paid rent for December and have no intention to, as I am out hundreds of dollars from this ordeal and simply cannot afford it. It would be great if, due to the illegal eviction, I am not liable for the rent.

As far as the issue surrounding the ownership of the property, a friend of mine suggested that she may not have transferred the property to her name to avoid an estate tax? Not sure what the law says about this, but it's just a thought. If the property is found to not be in her name, does that mean I was wrongfully paying rent to her for these months?

Now to find another place that allows a German Shepherd :/
 
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