Legal Question in Landlord & Tenant Law in California

Re: Turning Off Electricity

When The Landlord Is Responsible For The Bill and Utility Service Is Shut Off:

Gas, electric and water companies cannot shut off your utility service if your landlord is responsible for the utility bill, unless the company gives you reasonable advance written notice by regular or certified mail. The notice must include the date of the planned shut-off and the telephone number and address of the utility company and the Department of Public Utility Control (DPUC). The notice must also explain your options for avoiding a shut-off. If you make a payment to a utility company under one of these options, the full amount of any payment can be deducted from your rent payment. The following are possible options:

* If there is a separate meter for your unit or house (the meter does not cover another unit or any shared areas such as hallways or basements), the company can require you to put service in your name. If service is put in your name, you cannot be charged a security deposit and you do not have to pay any of the amount owed by your landlord.

* If there is a master meter (more than one unit on a meter, or at least one unit and areas shared by other tenants), there are two possibilities:

1. If all the tenants agree in writing, service can be put in everyone's names, with an agreed upon plan for dividing the bill and responsibility for payment. As long as at least one tenant is making his/her payments under such a plan, the utility service cannot be terminated. Any tenant or the utility company can end this arrangement at any time, for any reason, by requesting in writing that it be ended.

2. If you do not agree to the possibility described above, or you initially agreed but then notified the utility company that you wanted the arrangement to end, the utility company cannot terminate utility service. The company can sue the landlord and ask the court to appoint a "receiver." The "receiver" would collect rent and pay the utility bills.

The Legal Aid booklet, Rights of Utility Customers, tells you how to appeal the DPUC if a utility company does not follow the rules outlined above. It is NOT difficult to appeal to the DPUC.