Legal Question in Landlord & Tenant Law in California
shared utilities
I believe my landlord is violating Ca Civil Code 1940.9 because the shared utilities situation (all on one meter and under the landlords name) is not explicitly included in our written contract. She says the code only applies to apartment buildings and not houses. I live in a house, but all rooms are under seperate contracts and locks. Who's side does the law favor?
Thankyou for your help, CC
1 Answer from Attorneys
Re: shared utilities
Your rented room is a dwelling unit, per Civil Code 1940(c).
The landlord-tenant laws are applicable to "all persons who hire dwelling units located within this state including tenants, lessors, boarders, lodgers, and others . .", Civil Code 1940(a).
Accordingly, Civil Code 1940.9 applies to your dwelling unit.
However, if the utilities are billed to your landlord - and not to you, personally - then I don't think Civil Code 1940.9 applies to your situation, since 1940.9 concerns a situation where "the landlord or his or her agent has knowledge that gas or electric service provided through a tenant's meter serves an area outside the tenant's dwelling unit . ." and it sounds like you do not have a meter in your name.
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