(a) This section applies to utilities provided by a landlord to a residential tenancy.
(b) Except as provided by subsection (c) below, a landlord shall not interrupt or cause the interruption of electric, gas, water and sewage utility service paid directly to a utility company by a tenant, or furnished to a tenant by the landlord, unless the interruption results from bona fide repairs, construction or an emergency. The phrase “cause the interruption of” includes the cutoff of a utility by a utility company due to the landlord’s nonpayment of the utility bill.
(c) A landlord may interrupt or cause the interruption of electrical service furnished to a tenant by the landlord if:
(1) The electrical service furnished to the tenant is not individually metered or submetered for the dwelling unit;
(2) The electrical service connection with the utility company is in the name of the landlord or the landlord’s agent;
(3) The tenant is at least seven days late in paying the rent;
(4) The landlord has mailed or hand-delivered to the tenant at least five days before the date the electrical service is interrupted a written notice that states:
a. The earliest date of the proposed termination of electrical service;
b. The amount of rent the tenant must pay to avert the interruption; and
c. The name and location of the individual to whom or the location of the on-site management office where the delinquent rent may be paid during the landlord’s normal business hours.
(5) The interruption does not begin before or after the landlord’s normal business hours; and
(6) The interruption does not begin on a day, or on a day immediately preceding a day, when the landlord or other designated individual is not available or the on-site management office is not open to accept rent and restore electrical service.
(Ord. 13743, § 1, passed 3-23-1999)