Legal Question in Landlord & Tenant Law in California

I have tenant living in my California property, that has not paid rent for two months, they paid rent the first month and a security deposit and nothing since. I mailed a letter requesting the tenant to move out by November 30, 2009, I have not had been able to reach the tenant. What will be the ramifications if I turned off the water service that I pay?


Asked on 12/01/09, 10:00 pm

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

Do NOT withhold utilities to force a tenant to pay. That is unlawful. Instead, serve a three-day notice. If no one is home, you can tape it to the front door and mail a copy. Then, if within 3 days the tenant does not pay, file an unlawful detainer lawsuit. If the tenant does not answer within 5 days, apply for a default judgment and follow-up with the sheriff to legally evict the tenant. Do NOT resort to self-help. It will only get you into trouble.

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Answered on 12/06/09, 10:15 pm


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