Saturday, April 2, 2005

Can I Be Evicted in Missouri for Not Paying My Electric Bill?

When a landlord wishes to forcibly eject a tenant from a residence that he is currently leasing or which he used to lease and has not yet vacated, he will need to seek an order of eviction. In Missouri, evictions are generally sought for nonpayment of rent, but they can also be sought for a failure to conform to a lease. In most cases, failure to pay an electric bill will not result in an eviction.

Electric Bill

    An electric bill is a bill issued by a utility company to a property owner for electrical power that has been drawn the from the company's lines. The company will generally routinely monitor how much electricity the individual has drawn and then assess him a bill based on this amount. This bill generally must be paid a short period after it is assessed or the company will shut off service.

Eviction

    In Missouri, a landlord can evict a tenant for violating various terms of the lease, especially for failing to pay rent. Only the landlord has the power to evict a tenant from a building. This means that a utility company does not have the power to evict a tenant for failing to pay his electric bill. It can only terminate service and fine the person for late payment on the bill.

Electric Bill as Part of Rent

    If a landlord is paying a person's electric bill and the bill is a part of a tenant's rent, then the tenant's failure to pay the portion of the rent allotted for utilities -- if such an amount is specified -- is tantamount to failing to pay the lease. In such a case, under Missouri law, the landlord would have a right to take the tenant to court to pursue an eviction for breaching the lease. Of course, if through the landlord's own negligence he fails to pay the rent, then this is not the tenant's fault and he cannot be evicted.

Considerations

    In Missouri, a tenant will also often be evicted from a residence for not conforming to the terms of his lease. Theoretically, a landlord could make it a point of the lease that the individual is legally required to keep up with utility payments. If the lease demands this and the individual fails to do so, then the tenant may eventually be evicted under this clause. However, few leases make this a point.

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