Legal Question in Landlord & Tenant Law in California

Re: landlord tenant sublet dispute

No no no - your landlord has broken the law in a couple of ways. First, landlords in California cannot excercise "self help" by locking a non-paying tenant out of the property he or she leases. In the event of a rent default, the landlord must give you a notice and an opportunity to cure the default. Typically this is a Three (3) Day Notice to Pay Rent or Quit. In some leases, it may specify a longer timeframe for the tenant to cure the default, but in no event can it be less than three (3) days.

At the end of that notice period, either you must pay, move or the landlord must then file an Unlawful Detainer lawsuit, and obtain a judgment of possession. With that judgment, the landlord can get a writ of possession, have that executed by the Sheriff or Marshall and then, and ONLY then can you be forcibly removed from the property.

Second, the landlord cannot turn power off for failure to pay rent, particularly if the electricity is not sub-metered (meaning you don't pay for electricity you actually use, and just pay a flat rent amount). Doing so is an additional act of illegal "self help."

You need to call a local attorney right now, and get someone to represent you. What the landlord has done is completely wrong, and you have rights that you need protected. Good luck - I really dislike people who pull garbage like this!

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