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scratchycat
09-02-2013, 10:32 AM
Tenants: Utilities shut off because of landlord - WSFA.com: News Weather and Sports for Montgomery, AL. (http://www.wsfa.com/story/23310496/tenants-recieve-notice-of-utility-shutoff?app&utm_source=buffer&utm_campaign=Buffer&utm_content=bufferd3cef&utm_medium=facebook)

Tenants receive notice of utility shutoff

(WMC-TV) - Some Memphis renters are being told their utilities will be shut off September 10th. However, according to a letter from MLGW, the decision to shut off their utilities has nothing to do with the tenants themselves.

Eight renters at 1277 Airways Boulevard received a termination letter Saturday from MLGW. According to the occupants, the letter stated MLGW and Boshwit Properties, LLC have terminated the business relationship.

Resident Shelinna Brown is concerned for her children.

"I have three children ma'am. I have no where else to go," explained Brown.

When tenants called the landlord, a man they said is named Andrew Boshwit, there was no answer.

"He's not gonna call back. I've been calling him all month, but today I called him a dozen times," said renter Tiffany Dooley.

According to the Shelby County Assessors office, the apartments are owned by Buck Boshwit which is also listed as Boshwit Properties. Yet, a P.O. Box is the only listed address.

Several Boshwit entities show more than hundred properties in Shelby County.

Back at the apartments, tenants declared they have not been able to reach Boshwit for a month and he asked for their August rent in cash.

"He wouldn't even come and pick up his money so he knows something is going on," continued Dowley.

Residents are now left on a hot holiday weekend wondering what is next.

Action News 5 also called Boshwit but also got an answering machine.


Is this guy a scammer or what?? Were they paying him and he was not paying utilities???

GlimDropper
09-02-2013, 08:19 PM
I don't know anything about landlord tenant laws in that jurisdiction but in a lot of places there is something like a rent escrow program. If a property owner is failing to live up to their obligations you can deliver your rent to the local housing court instead of the landlord where it will be held until the owner fulfills their obligations. The tenant is considered to still be paying rent so can not be evicted and the landlord will have a housing court magistrate to answer to. I am aware of a case where, when the owner's lack of responsibility was particularly egregious, the tenant was not only refunded enough rent payments to cover first month, last month and security for their next apartment but the landlord was forced himself to live in the decrepit rental unit until it was brought back up to code.

scratchycat
09-03-2013, 09:22 AM
Thanks GlimDropper, I doubt any of these people know about what you are saying. I have not received an update but as I understand from the article they cannot locate this owner. Maybe the local authorities will help these people and get things settled with the utility company. They will probably have to hire an attorney.

ribshaw
09-03-2013, 10:17 AM
Thanks GlimDropper, I doubt any of these people know about what you are saying. I have not received an update but as I understand from the article they cannot locate this owner. Maybe the local authorities will help these people and get things settled with the utility company. They will probably have to hire an attorney.

On the chance they pop by Real Scam, googled a few links.

It appears there are some remedies available.

Texas Tenant Advisor (http://texastenant.org/)

https://www.oag.state.tx.us/consumer/tenants.shtml

scratchycat
09-03-2013, 12:24 PM
Thanks Ribshaw but I believe this happened in Tennessee, not sure if TX laws would apply. Maybe someone can find the original article or I will later and see if there are any updates.

ribshaw
09-03-2013, 04:21 PM
Thanks Ribshaw but I believe this happened in Tennessee, not sure if TX laws would apply.

So it did, Geometry was never my strength. On the surface it appears they have the right to pay the utilities to bring them current and subtract that from their rent. Assuming a lack of power makes the apartments uninhabitable under the law. Of course I am with you that having an attorney represent them as a group makes the the most sense.

5738


Tennessee Tenant Rights to Withhold Rent or (http://www.nolo.com/legal-encyclopedia/tennessee-tenant-rights-withhold-rent-repair-deduct.html)