Legal Question in Real Estate Law in California

Can i ????? Please !!!!!

I SUBLET AN APARTMENT ON THE BACK OF THE PROPERTY THAT I LIVE ON.ORGINALLY I GAVE THE TENANTS RENT WITH UTILITIES INCLUDED ON MONTH TO MONTH,BUT WITH THE STIPULATION THAT IF THE USAGE OF THE UTILITIES WENT UP OR IF I COULD NOT FOR SOME REASON AFFORD TO PAY ALL OF IT BY MYSELF THAT I WOULD INDEED CHANGE THE MONTH TO MONTH TO NOT EXCLUDE UTILITIES.WE ALL AGREED THAT WITH A THIRTY DAY NOTICE BEFORE HAND,THAT IT WOULD BE OKAY.TO MAKE A LONG STORY, THE USAGE WENT UP,I COULD'NT AFFORD IT, THEY REFUSED TO HELP WITH THE BILL,AND THE UTILITIES WERE SHUT OFF(electric & water) MY QUESTION IS .. WHEN I PAY THE BILL...MYSELF...AND IT IS TURNED ON, CAN I LEGALLY NOT ALLOW THE UTILITIES TO REACH THE BACK APARTMENT BY SWITCHING METOR SWITHCHS AND TURNING OFF WATER VALVES UNTIL THEY PAY THEIR PART OF THE BILL ????? I HOPE SO THIS IS SO LOW OF THEM NOT TO PAY THEIR OWN WAY.ALSO I MUST MENTION METORS FOR ALL UTILITIES ARE ON ONLY ONE METOR EACH FOR BOTH HOUSEHOLDS.THE OWNER WILL NOT HAVE ANOTHER METOR PUT IN SEPARATE FOR THE APARTMENT IN BACK OF THE PROPERTY. PLEASE HELP & THANK YOU VERY MUCH.


Asked on 6/10/02, 2:37 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Can i ????? Please !!!!!

Since your tenants are month to month you can raise the rent up to 10% upon 30 days notice or by more than 10% with 60 days notice. However, you cannot use turning utilities on and off to force payment of rent or to bring about a de facto eviction. You have to keep the utility bills paid. Further, unless you have separate meters you will have a hard time proving who is responsible for the increase in use.

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Answered on 6/10/02, 3:21 pm


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