Legal Question in Landlord & Tenant Law in California
Have a tenant who was served a 3-day pay or quit notice for non-payment of rent. She ignored it so eviction has been initiated. She also failed to transfer electric service into her name even though it was clearly indicated in her rental agreement that she must pay for all utilities except water and trash. (I have incurred the bill as service is still under my name). Am I within my right to have service discontinued? Would this somehow hurt my case? Nothing would stop her from starting service under her name while the case proceeds.
1 Answer from Attorneys
Even if you have the ability...(it does not make property unihabitable) do you want to give them ammunition against you? I would ask what the second order effects by shutting down the power in the winter including if it causes worse damage to the property or it is seen as harassment in the unlawful detainer process that gives them a stronger cause of action against you.
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