Legal Question in Civil Litigation in California
I am currently in Unlawful detainer proceedings for a residential apartment. I know during an unlawful detainer case, the landlord cannot disrupt your phone line or internet line say if you use DSL as a ploy to get you to move.
My lanlord is doing just that. All of a sudden, my internet is unusable and they know I do my work online, that is, I work from home.
I want to know how I go about suing them. Do I file a different suit, or do I file a demurrer on the unlawful detainer? I plan to sue them for damages. From my research, it seems I have to file a different civil suit but I am not certain. Please let me know. Thanks
3 Answers from Attorneys
Your remedy is two fold. You raise as a defense in the unlawful detainer that the landlord is engaged is self help by trying to illegally force you out so the UD should be stricken. You file suit for damages, including intentional interference with business advantage; that can either be a cross -complaint in the UD case or a separate lawsuit.
You better get the telephone company to say it's the landlord if you want to rely on this defense. But if so, Mr. Shers' answer is correct.
you can file a small claims action if you can get evidence from the phone company that your landlord is the cause. what are your damages?
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