Legal Question in Landlord & Tenant Law in California

I live in my 5th. wheel trailer, I rent a space on private property

and The pg&e is in the owners name and i pay her when it comes each month. I paid part

of the rent when it was due, and a week later I tried to pay the remaing amount. She said

that she didnt want it and she just wanted me to move out. She only wanted the money

for my electric. So I gave her $100.00 for it, but she still has

the money that i had prevoiusly paid on the rent. She said that she will be turning off my

electric and putting a lien on my trailer and vehicles. Can she shut off my electric?

Can she take my trailer and vehicles? I paid her a 100.00 deposit for the electric .

she has NEVER given me a 3-day notice or any other kind of notices for that matter.

Doesn't she have to file with the courts in order to make me move? How does this work?


Asked on 2/10/12, 11:49 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Your landlord cannot unilaterally turn off the utilities to your home. I'm assuming you are a lawful tenant on her property, and as such, she must provide you with certain notices to move or pay rent or quit. After the notices expire, then she must file a lawsuit - called an unlawful detainer - to eventually have you removed from the property. Only after she files the suit, obtains a judgment and obtains a writ of possession can she have the sheriff's evict you from the property. If she turns off the utilities, contact the county or city housing department to complain. Finally, contact a local tenant's attorney - she's going to attempt to go around the law, and you need an advocate helping you ensure that she doesn't just unilaterally turn off utilities or lock you out one day.

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Answered on 2/13/12, 12:33 pm


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