Legal Question in Landlord & Tenant Law in California
energy theft; landlord/tenant
Just one? Question? I have at least a million! In brief, my onsite landlord has, amongst other things, been stealing electricity from me for the past threee years. I have had Southern Ca. Edison and 2 private contractors recently confirm my suspitions. shortly after starting an investigation regarding stolen power, I received an unlawful detainer. Went to court and won (though the judge threw out the electrical issue, my landlords screwed up hence my win). Needless to say, my landlords wnat me out as they don't want to have to deal with the faqulty wiring that ha, in part, been the reason behind my astronomical bills ( $190.00 a month for 11 months and a year end bill of $1100). I have not paid rent since July and owe $3200. How can I make my landlords pay me for stolen power and punative damages either in cash or in offsetting my rent?
2 Answers from Attorneys
Re: energy theft; landlord/tenant
Mr. Shers has thoroughly answered your questions.
Frankly, it appears to me that you are letting your feelings towards your landlord interefere with common sense.
Move out! Also, be aware, that you will face extreme credit problems by not paying landlord, and having an unlawful detainer on your credit report. Many creditors, especially landlords, regard it as worse than bankruptcy
Re: energy theft; landlord/tenant
You do not tell us why the judge rejected your cross-complaint for the electrical usage and at what court level you were; if it was decided on the merits, you can not bring it up again as you are allowed to litigate an issue once. You might be able to sue for any electrity taken after the date of the court ruling as that would be a new tort if it was a Small Claims Court ruling. But if it was a Superior Court ruling against you, the landlord should be able to argue successfully that the prior decision is controlling and you are barred from raising it again.
California law outlaws "self help" by either landlord or tenant. Legally, you can not withhold rent money because you claim the landlord owes you money. Also, you have withheld much more than what you claim he owes you. If he follows the correct procedures, he should be able to win easily an unlawful detainer action.
If you are not already barred by the prior court ruling, you will have to sue him to get any money from him. You probably will get more money if you work out a settlement with him, but he will insist that part of that settlement is your moving out.
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