Legal Question in Real Estate Law in California
Renter moved out of the property without any notice. I went to check the property since rent was late. They didn't leave any contact info. They are possibility that they moved out of the country. Electricity bill was still under their name running. They didn't pay the electricity bill as well. I'm moving into that property and tried to get the utility bill in my name. Electric company said I have to pay their balance, around $1000, or show a proof of move out. How can I show proof when I can't even find the renters?
3 Answers from Attorneys
I think only the utility itself can inform you as to what kind of proof would be acceptable to it. Contact them again and insist upon more information, including some examples of types of proof they frequently accept. Another thought is to prepare the Notice of Belief of Abandonment form set forth in Civil Code section 1951.3 (note also CC 1951.2) and offer the utility a copy, or attach a copy to a notarized affidavit. You can find the Civil Code on line as well as simple all-purpose model affidavit forms. Hopefully the utility will have a simpler procedure once you can talk to the right person and ask the right questions.
I think the utility company is yanking your chain. They want the money, and obviously do not want to chase the old renters down, and want to put this burden on you. You are going to have to get more information from the utility company, as pointed out by Mr. Whipple.
You say.....that you are moving into the property. Be very careful, if they show up and you have moved in, you may be in breach of contract, self help eviction, conversion, etc....
As the landlord you must evict them to recover possession, and if they are absent is when Attorney Whipple's Notice of Belief of Abandonment is served and filed. I think it is 18 days but that is better than finding out that the are on vacation and their rent check was returned because they transposed the zip code to you....so some other wild and weird stuff that happens to Landlord-Tenant happening....