Submitted by Anonymous on Thu, 07/09/2009 - 12:40
My tenant is not paying rent and I am in process of evicting him. Since I pay his gas and electric as part of our rental agreement, can I shut them off now (since he is not paying that part of his debt either)?
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Editor's Response
Absolutely, positively not. This area of landlord tenant law is a minefield for landlords. Under Massachusetts law, what you are proposing would be considered a type of 'self-help eviction.' The tenant could sue you for three months rent or his actual damages, whichever is greater, plus costs and attorney's fees. The tenant might also seek damages under the Massachusetts Consumer Protection Act (Chapter 93A). For more information or to post a question, visit our MA Landlord Law Discussion Forum.