Legal Question in Landlord & Tenant Law in California

I was moved in a tenant in Aug. However, I am unable to cash the rent check and the security deposit check because the bank said the account closed couple years ago. I was kindly return the check to the tenant and request a new check. The tenant said she doesn't have check book now and they will deposit to my account later. Of Course, they never did.

According to lease agreement, they are supposed to turn on there utilty under their name, so I cancelled my account on the August 12 and the utility company give them10 days to turn on their account.

Since they didn't pay rent and deposit, I started the eviction. My question is, I turned off the utilities will affect the process of eviction? and did I do any wrong to the tenant?


Asked on 9/17/09, 8:11 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

The law does not permit a landlord to turn off utilities to "encourage" tenants to leave. You might consider restoring the utilities, at least until the eviction goes through, and include the utility bills in your requested damages in the unlawful detainer.

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Answered on 9/18/09, 5:02 pm


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