Legal Question in Landlord & Tenant Law in California

Property Manager threatening to turn off electricity

My property management company is threatening to turn off my electricity because I am in arrears with paying my rent for 2 months. I was recently served a 3-days to quit or pay notice. I will not be able to move out within 3 days. My question is: Is it legal for the property management company to turn off the electricity? The electricity is in the name of the owner; however, I am billed for this charge on top of my rent.


Asked on 9/20/06, 6:05 pm

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

Re: Property Manager threatening to turn off electricity

A landlord is not entitled to self-help and it would violate the law. See Civil Code section 789.3: (a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his residence willfully cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration, whether or not the utility service is under the control of the landlord.

The same section provides for penalties of: 1) actual damages (melted or destroyed food, etc.); 2) $100 per day with minimum of $250; 3) reasonable attorney's fees if brought to court; 4) injunction against the landlord or management company.

Read more
Answered on 9/20/06, 6:59 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California