Legal Question in Real Estate Law in California
Retro Active Coverage on Previous Paid Items
I have been a tenant at the same property for 8 years. In my original lease, it was agreed that the electric, cable, water and trash were to be paid by the landlord company. I was only responsible for a set price. As of October 28th, the property was sold. It is now agreed that I will pay for my own electric. However, they are asking for $4,800 --- the amount of electric from the past 8 (EIGHT) years. How can they do this. They told me today that I have 3 days to pay in full or they will put a lock on my door.
Please HELP!
4 Answers from Attorneys
Re: Retro Active Coverage on Previous Paid Items
Perhaps a call/letter from an attorney will help. They (the new owners) do not know the law, because: any applicable statute of limitations would be shorter than eight years, they cannot change the locks without going through an unlawful detainer proceeding (you would receive notice of this), and it appears the original contract (along with the landlord's past behavior) did not have you responsible for paying the electric.
Re: Retro Active Coverage on Previous Paid Items
They should not put a lock on your door. These would put you in a position of suing them for sizeable punitive damages. You don't owe them for back electric bills. These demands are so outlandish that one has to wonder if you're not putting in this question as a joke.
Re: Retro Active Coverage on Previous Paid Items
A landlord cannot just put a lock on your door. There is a legal proceeding that they would need to go through in order to evict you.
If they file an unlawful detainer, which is the proceeding that they would need to do, you would not only win, but could probably file a counter claim for abuse of process, and collect some money from them.
Let them know that you feel that they are harassing you and using unlawful means in an attempt to collect a non-existant debt, and that you will take legal action against them if they persist.
Ken Koenen 925-924-0100
Re: Retro Active Coverage on Previous Paid Items
First, they cannot put lock on door, all they can do is serve a 3 day notice and file unlawful detainer.
Second, no they cannot recover the amount for past bills, as that was not your agreement. Based on the facts presented they should loose that issue.
Does your lease have an attorney fees provision? If so, they would be responsible for your attorney fees if they sue and lose.
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