Legal Question in Real Estate Law in California
Tenant accusation: water illegally shut off CONTINOUSLY
I have filed a lawsuit against my tenant and his wife
who refused to pay their rent on July 12. One of their
responses to my unlawful detainer is that non paying of
rent is justified because I have illegally shut off their
water continuously. I had indeed shut off the water
(ONLY ONCE) for approx. 15 mnutes four days before
July rent was due. I had no idea that it was illegal, I
thought my action was justified because in several
times the tenant`s children would play with the water
hose and actually bathing in the sidewalk or open
garage space that they share with my other tenant.
Since the water had no sprayer, the water
therefore accumulated and flooded the ground. Since
their water hose was connected inside their house, I,
instead shut off the main line of water serving my them,
my other rental unit and me. How am I going to prove in
court that the was only shut off only once and for 15
minutes?
2 Answers from Attorneys
Re: Tenant accusation: water illegally shut off CONTINOUSLY
It is not illegal to shut off water to a rental unit in all circumstances. Even if a shut off is illegal, it does not necessarily serve as a valid defense to an unlawful detainer action based upon non-payment of rent.
Many facts in any lawsuit are often present difficult issues of proof. Legal issues related to the burden of proof become particularly important at such times. Your tenant will have the burden of proof on his affirmative defenses. How will he prove when, how often and for how long the water was shut off?
In contested unlawful detainer actions such as you describe, a landlord really is much better off with experienced legal counsel. Your testimony will obviously become very important but will be much less effective if you also act as your own attorney. You cannot properly examine yourself, object to improper questioning on cross-examination, etc. Further, in a U.D. the judge is both the trier of fact and of the law. Your lawyer will speak the same language and therefore establish a better rapport. He can remind the judge of the appropriate law and evidentiary standards. Your lawyer will more effectively cross-examine the tenant and his witnesses. He will better marshall the evidence at the close of the evidentiary proceeding when the case has to be argued and the judge needs to be pursuaded.
Of course, legal representation will come only at a price. But, the price of not having it may be unnecessarily losing the case, with the consequent costs that will follow. If you have a written rental agreement, it will provide for recovery of attorney's fees. The law states however that such a provision accords no further recovery unless an attorney is actually used.
I hope this is of some benefit.
Noting that your zip code is in Paramount and that you reside at the premises in question, you may want to consult me further on the possibility of providing the legal representation I suggest.
Best of luck, whatever your decision.
Re: Tenant accusation: water illegally shut off CONTINOUSLY
How about multiple years of water bills to show it not change during time they allege?
If the water shutoff was not retaliation but to find out the source of a water pooling or to clean it up, etc, it would be justified.
You might want to find a way to settle the case.
Joel Selik
www.4thelaw.com
www.taxworkout.com
800-894-2889
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
