Legal Question in Landlord & Tenant Law in California

.landlord cancelled utility service

I have lived in my apt for 8 years and the utilities have always been paid by the landlord just like it states in my month to month rental agreement ''all utilities are paid by the landlord''. I received a letter from edison that if I do nt establish an account with them within ten days the power to my unit will be disconected. and that I owe from back from the 9th of Feb.When I called them they said they sent that letter because the the person who(the owner)previously had te account in their name cancelled the service and it still showed power usagefrom my unit and that is why I received the letter I did from them can The landlord do that when it clearlly say in my rental agreement that the landlord pays for all utilities

and I never agreed or signed anything saying That I agree to pay for elestricty. Can the landlord do this and if not what can I do if my power gets shut off


Asked on 3/30/09, 12:39 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: .landlord cancelled utility service

California law clearly makes it illegal for the landlord to engage in "self-help" as to removing a tenant. That means it is illegal for a landlord to change the locks, turn off utilities, threaten the tenant to force them to leave, etc. There can not be a material change in the contract, such as who pays the utilities, without mutual agreement.

Call the landlord and tell him/her that the powere must immediately go on. There are various penalties against a landlord who does such things, which included "punitive damages to prevent further such actions. You appear to have an open ans hsut case. If you lease has a provision allowing the winning party to collect attorney fees then you would also get that.

The big problem is going to be that in the future the landlord will dislike you ans wil give you a 60 day notice to leave the rental unit. He may forget that the period for tenants of at least one year have 60 days and not 30 days. So see if you can act as though it was just a mistake.

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Answered on 3/30/09, 12:55 pm


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