A power company found electricity theft in a rented place, but the landlord said he had no knowledge of it. The landlord then paid the power company more than 13,000 yuan according to the regulations for the underpayment and illegal use of electricity. After that, he filed a lawsuit with the Shanghai Baoshan District People¡¯s Court (the ¡°Court¡±) and requested the tenant to pay for his losses.

Who stole the electricity? And who should bear the ultimate responsibility?

[Case Review]

The power company found in an inspection that an apartment owned by ZHANG had a separate electricity meter and copper wire to steal electricity. According to the policy and the power supply contract, the power company charged ZHANG for the electricity unpaid and issued him a bill for illegal use of electricity.

The apartment had been on the rent, so ZHANG said he knew nothing about the electricity theft. After investigation, it was found that the theft occurred when the apartment was rented to WEI, a former tenant, and it continued to happen after WEI moved out.

After he paid more than 13,000 yuan for relevant expenses, ZHANG sued WEI for compensation for the losses.

WEI argued that he did not know about the electricity theft; he did not set up a separate electricity meter, nor did he find any abnormalities in the electricity bill during the rental, so he did not accept ZHANG¡¯s request.

[Case Study]

According to the Court, the available evidence shows that the electricity theft occurred when the plaintiff rented his apartment to the defendant; WEI, as a tenant, should have performed the duty of care for the inspection, storage, and maintenance of the electricity meter and other facilities in the apartment; he kept enjoying the benefits generated by the theft and never questioned the meter abnormality, nor was he able to prove that the electricity theft was committed by anyone else, so he should make up the bill and pay for the illegal use of electricity during the lease period. Besides, after he moved out, WEI did not restore the meter, which caused the continuity of electricity theft, so he should bear some responsibility for the losses from the date of his moving out to the power company¡¯s investigation.

After WEI moved out, ZHANG continued to rent out the apartment without noticing any abnormalities in the electricity meter and the electricity bill, so he should also bear part of the responsibility for failing to prevent the losses from increasing between the day of WEI¡¯s moving out and the power company¡¯s investigation.

Accordingly, the Court ruled that the defendant WEI should bear 70% of the responsibility.

1. Whoever commits electricity theft shall be held accountable legally for disturbing the order of electricity consumption

Power resources belong to the national public property and are protected by the state. Electricity theft such as unauthorized conversion of electricity meters not only occupies the national power resources, but also poses security risks to the surrounding residents. If the amount of stolen electricity is large, the thief will be investigated for administrative responsibility or even criminal responsibility.

In the case of no administrative or criminal punishment, the losses caused by electricity theft include the payment for unpaid electricity and that for the illegal use of electricity. As for the liability for making up losses, whoever gets more unjustified benefits should pay more. In the house lease contract, the actual cost of electricity shall be borne by the user, and the underpayment caused by electricity theft shall be borne by the actual beneficiary. As for the liability for the loss caused by the illegal use of electricity, it should be borne by the landlord and the tenant according to their own fault.

2. Tenants have a duty of due care for the electricity meters and other facilities in the leased place

A tenant shall have the obligation to properly use the leased place and its ancillary facilities in accordance with the contract and the law, and shall not disassemble or modify the facilities such as electricity meters without authorization. As the actual user of the place, the tenant can detect and know the abnormality in electricity use earlier than the landlord, and he or she also has the duty of due care for the inspection, storage, and maintenance of the electricity meters and other facilities in the place. The tenant should inform the landlord of any problems found in that respect.

When the tenant cannot give a reasonable explanation for the electricity theft, he or she is more motivated to steal electricity than the landlord. The tenant should bear the burden of proof for his innocence. If he or she cannot prove it, the tenant should bear certain liability for compensation.

3. Landlords should also bear part of the responsibility for neglecting their place

Normally, a landlord, as the owner of the place, would enter into a power supply contract with the power supply department. When there is electricity theft in the place, the power company can ask the landlord to make a back payment and pay the liquidated damages. If the landlord does not commit the electricity theft, he or she has the right to claim compensation from the person that actually does it.

The landlord shall shoulder the responsibility of proper management and maintenance of the place and its facilities, fulfill the obligation of verification and prudence during the handover of the place, and check the state of the place, including the use of water, electricity and coal, and the wear and tear of the place and its ancillary facilities, when taking it back, or he or she shall bear the responsibility for the increased loss.

[Relevant Laws]

Civil Code of the People¡¯s Republic of China

Article 7 Civil subjects engaged in civil activities shall abide by the principle of good faith and stick to their commitments.

Article 577 If a party fails to perform its obligations under a contract or its performance is not in conformity with the contract, it shall be liable for breach of contract, such as continuing to perform the obligations, taking remedial measures or making compensation for losses.

Electricity Law of the People¡¯s Republic of China

Article 71 Whoever steals electric energy shall be ordered by the administrative department of electric power to stop the illegal act, make a back payment and pay a fine of not more than five times the electricity bill payable. If the act constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.

(By: Zhou Lingmin and Zheng Jie, Shanghai Baoshan District People¡¯s Court)