Legal Question in Business Law in California
My business utilities was shut off due to wants us to evict the business but my landlord owes me money. What are my legal rights?
1 Answer from Attorneys
The statutory protection against eviction by cutoff-of-utilities (Civil Code section 789.3) applies only to residential leases. Also, I believe most commercial leases call for the tenant to furnish its own utilities, rather than including them in the lease, but there certainly are exceptions. I'd say your right to utility service and the landlord's duty to furnish utilities would be determined by the terms of the lease. Also, I presume the reason the landlord wants to evict your business has to do with the lease terms (expiration or violation thereof). So, I can visualize a lawsuit to have a court determine the parties' rights under the lease. If the shutoff of utilities is harming the business (and I suppose it would!), you'll need quick court action, so I'd suggest two things: (1) Find a local lawyer who understands business leases and can jump in immediately, read and understand your lease and the issues involved; and (2) have the lawyer consider going into court right after filing and serving a lawsuit and asking for a temporary restraining order (TRO) enjoining the landlord from taking any actions that prevent you from conducting business normally, including but not limited to turning off the utilities.
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