BEING EVICTED FOR NOT PAYING UTILITES

This is a discussion on BEING EVICTED FOR NOT PAYING UTILITES within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Our landlord received several code violations and we were given thirty days to move. There are three tenants here and ...

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Old Dec 5th, 2008, 10:06 PM   #1
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Default BEING EVICTED FOR NOT PAYING UTILITES

Our landlord received several code violations and we were given thirty days to move. There are three tenants here and all utilities were split by number of people instead of by square footage. Our lease does not say this was how they were to be split. Just that we were responsible for payment of utilites. They are in the landlord's name.
When the code violation people were here, they said landlord should have been splitting by square footage and adding to rent. Could not bill us separate for utilites. We are all on one meter for electric, water and gas.
She gave us a 30 day notice to get out because of all the repairs that the code enforcement was making her do. We had last months rent paid (December). We calculated that in the year we have been here that we have overpaid over $800 in utilites since they were never divided properly. We expressed many concerns to the landlord about the excessive amount of our utilities.
So since we were leaving at the end of December and the fact that we feel we are well overpaid with her for utilities and the fact we have to move because she didn't comply with the codes, we decided not to pay the utilitiy payment. It was due November 30.
Today, December 5 we received notice from her that now we have to be out by December 21 for non payment of utilites. She said the remainder of our last months rent (Dec 22 - Dec 31) would be applied to the utilites. Also she was shutting off the utilites on December 22.
My question is can she change the date we have to be out by and can she turn off the utilites? Thanks.
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Old Dec 6th, 2008, 10:32 PM   #2
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Default Re: BEING EVICTED FOR NOT PAYING UTILITES

She cant shut off utilities--call the police if so.

Normally you need to pay all rent and then sue in small clams if you feel you are owed funds for any reason.
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