[PeoplesPotluck] Re: Laws on eviction and utilities: Gateway

Tue May 12 08:53:18 CDT 2009

Thanks for this information, Esther!  I fear it may come in handy for some time.
 Ricky 

"Speak your mind even if your voice shakes." - Maggie Kuhn 

________________________________
From: Esther Patt <estherpatt at hotmail.com>
To: recotton at earthlink.net; stjudescw at yahoo.com; Ricky Baldwin <baldwinricky at yahoo.com>; kreutz1 at illinois.edu; kennybishop at gmail.com; tylerschen at gmail.com; pengdust at aol.com; Carol Elliott <cacelliott at gmail.com>; brettabloom at riseup.net; willistanya at ymail.com; edwardwest26 at hotmail.com; amira_davis at yahoo.com; Belden Fields <a-fields at uiuc.edu>; Danielle Chynoweth <chyn at ojctech.com>
Cc: livingsoul at sbcglobal.net; peoplespotluck at lists.chambana.net
Sent: Monday, May 11, 2009 11:34:39 AM
Subject: Laws on eviction and utilities: Gateway

I just spoke with Kevin Jackson, Director of Neighborhood Services at City of Champaign.  He said Champaign employees were out there this morning and more people have found somewhere to go.  He thinks there are only 3 or 4 people left who need a place.  I told him that as of yesterday there were a lot more than that.

I told him about the law requiring the utility company to post notice 10 days in advance of termination of service and asked if he'd call Ameren to find out if the notice was posted and if not -- to ask Ameren to post the notice and wait 10 more days to terminate the service.  So it's possible that will buy a little more time, but no guarantee.

From past dealings with Gateway, management there has claimed that it's a hotel and not bound by landlord-tenant law.  However, they accept rent monthly and weekly so that makes them a landlord.   The big question on that 10-day notice is whether Ameren asserts it doesn't have to give the notice because Gateway is a hotel and not a multi-unit dwelling.  

In answer to Belden's question, yes, the law -- which I pasted below -- DOES apply when tenants don't have individual meters; that's actually the situation the law was written to address.  The idea is that the landlord has been receiving the late notices and warnings from the public utility company but the tenants have no idea their power will be shut off until it happens -- unless the utility company posts a notice on the premises.

Someone asked how much notice a landlord normally has to give a tenant to move out.  The people who pay by the day are entitled to no notice.  A week-to-week tenancy requires a one week notice of termination and a month-to-month requires 30 days notice plus the date of termination is supposed to be the last day of the month (so notice on or before March 31 to terminate April 30 or on or before May 1 to terminate May 31 if rent is due on the 1st of each month).  These are all termination of tenancy without cause.  If a landlord wants to evict for cause (for example, on a one year lease) landlord must take tenant to court and prove his/her case.

What is happening here is not an eviction by the owner.  It will be what is called a "constructive eviction" because the condition of the place constructively evicts the tenants.  Once the power is turned off, the place is unfit for habitation.  The city will condemn it as unsafe.  Once it is condemned, the city won't let people live there.  

If any tenants who pay month to month wanted to sue the landlord for damages due to the place being condemned, they'd have a case for the balance of rent for May PLUS their costs of relocation (moving expenses, cost to turn on utility services and the increased amount of rent at a new place for one month).  The risk with this option is if the landlord files for bankruptcy in which case, tenants are usually at the end of the line to collect payment and usually get nothing.

Below is text of the state statute on utility service termination.

Esther Patt

(765 ILCS 735/1)  
    Sec. 1. Utility payments; termination and restoration of service. Whenever, pursuant to any agreement, either written or verbal, a landlord or his or her agent is required to pay for any water, gas or electrical service, the landlord shall pay for the services to ensure that the services are available to the tenant throughout the term of the lease and shall pay for the services in a timely manner so as not to cause an interruption of the services. If the landlord or his or her agent does not pay for such service, the tenant, or tenants in the event more than one tenant is served by a common system of water, gas or electrical service, including electrical service to common areas, which goes through a common meter in a single building, may either (i) terminate the lease; however, the termination of the lease under this Section does not absolve the landlord or tenant from any obligations that have arisen under the lease prior to its termination
 under this Section; or (ii) pay for such service if the nonpayment jeopardizes the continuation of the service to the tenant or tenants, as the case may be. The utility company shall not terminate service for such nonpayment until the utility company mails, delivers or posts a notice as specified in Section 3 to all tenants of buildings with 3 or more residential apartments. Upon receipt of such payment of the past due cost of such water, gas or electrical service owed by the landlord, the provider of such service shall immediately restore service to such tenant or tenants. In the alternative, the provider of such service shall immediately restore and continue such service to any tenant who (a) requests that the utility put the bill in his or her name; (b) establishes satisfactory credit references or provides for and pays a security deposit pursuant to the rules and regulations of the Illinois Commerce Commission applicable to applicants for new
 utility service; and (c) agrees to pay future bills. Any sums the tenant or tenants, as the case may be, pay for water, gas or electrical service that the landlord or his or her agent was required to pay may be deducted from the rent due by the tenant or tenants, and the total rent is diminished by the amount the tenant or tenants, as the case may be, have paid for the continuation of the water, gas or electrical service.(Source: P.A. 93‑994, eff. 1‑1‑05.)

Sec. 3. Notice of utility service termination. The utility company shall notify all tenants of buildings with 3 or more residential apartments of the proposed termination of utility service. This notice shall contain the following information: (1) the specific date, no sooner than 10 days after the notice is rendered, that utility service is subject to termination; (2) a statement of the tenants' statutory right either (A) to pay the utility company the amount due and owing by the landlord and to deduct the amount paid to the utility company from the rent due on the rental agreement or (B) to petition the court for appointment of a receiver to collect the rents due for use and occupancy of the building and remit a portion to the utility company for payment of utility bills; (3) the dollar amount of the utility bills due and owing on the date such notice is given and the average monthly utility bill; and (4) the name and telephone number of any legal
 services agency within the utility company's service area where the tenants may obtain free legal assistance. Any notice provided to tenants of a building under this Act shall be of a conspicuous size, on red paper, and in at least 14 point bold face type, except that the words "notice of (utility service) termination" shall be in 36 point bold face type if the notice is posted, and shall state:
        It is unlawful for the landlord or his or her agent  
     to alter, deface, tamper with, or remove this notice. A landlord or his or her agent who violates this provision is guilty of a Class C misdemeanor.  
(Source: P.A. 87‑177.)  

________________________________
Hotmail® has a new way to see what's up with your friends. Check it out. 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.chambana.net/mailman/archive/peoplespotluck/attachments/20090512/63a27d02/attachment.html