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Can Your Landlord Evict You for Being Late With the Rent

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  • 02-02-2014, 01:35 AM
    CPS
    Can Your Landlord Evict You for Being Late With the Rent
    My question involves an eviction in the state of: CALIFORNIA

    what rights does my landlord have to evict me? okay so a little back story well we've been tenents for this guy for about two years and havent had a problem. just recently my boyfriend lost his job and with that went his half of the rent. well we came up with the money a couple times by the skin of our teeth. well in december we couldnt get the money. we let him know that we are having some financial problems but well have his money when we get it. he then starts harrassing us by coming knocking and calling and just bugging for the money EVERYDAY!!! finally he says you guys gotta go dont worry about paying what you owe. well my boyfriend got a job and were finally starting to make some money to pay him back especially know that tax season is here. we told him that as soon as the check gets here well pay him what we owe and give him a little extra for the troubles we might have caused. but since the last month like i said hes been harassing us asking us when are we gonna leave and threatning to call the police and just hasling us. today he shut the power off!! what should i do?? oh by the way he is renting out a converted garage that i know for a fact wont pass code.. what is the smartest thing to do???
  • 02-02-2014, 07:15 AM
    gail in georgia
    Re: Landlord Giving Us Hard Time Because Were Late on Rent
    Your landlord cannot shut your power off. He can, however, evict you for nonpayment of rent and this would be the legal route to go if a tenant does not pay rent. Paying the money "when you get it" is a bit vague. It would be better to come up with a more suitable payment schedule for the landlord.

    And if you bring up the issue of the garage not passing code to enforcement you will likely have to move anyway. The converted garage business hasn't seemed to bother you for the past two years.

    Gail
  • 02-02-2014, 08:37 AM
    Mr. Knowitall
    Re: Can Your Landlord Evict You for Being Late With the Rent
    If you don't like living in a converted garage, you can move.

    If you don't believe that the converted garage is up to code, or is a lawful apartment, you can complain with local housing authorities. If required to move as a result you may have remedies against the landlord.

    If your landlord shuts of the power or otherwise tries to unlawfully evict you, you can commence a lawsuit against him asking that he stop taking unlawful actions and for appropriate compensation.
  • 02-02-2014, 08:49 AM
    budwad
    Re: Landlord Giving Us Hard Time Because Were Late on Rent
    Turning off the electricity for non-payment of rent is tantamount to constructive eviction. Constructive eviction is when the landlord makes the residence uninhabitable so you will leave the property.

    Only a legal eviction notice and court process can get you out and it take a lot of time. Constructive eviction bypasses these requirements and is not legal.

    California Civil Code 789.3 makes it illegal for a landlord to shut off the electricity to force a tenant out of the property. You can sue your landlord in civil court for actual damages, attorneys fees and other damages. The statute allows an amount up to $100 per day for each day the electricity was turned off . You may want to get a copy of that section of the code and give it to your landlord.

    Tell your landlord that if the electric is not turned back on you will file a complaint with the California Department of Fair Employment and Housing.

    For convenience.
    789.3. (a) A landlord shall not with intent to terminate the
    occupancy under any lease or other tenancy or estate at will, however
    created, of property used by a tenant as his residence willfully
    cause, directly or indirectly, the interruption or termination of any
    utility service furnished the tenant, including, but not limited to,
    water, heat, light, electricity, gas, telephone, elevator, or
    refrigeration, whether or not the utility service is under the
    control of the landlord.
    (b) In addition, a landlord shall not, with intent to terminate
    the occupancy under any lease or other tenancy or estate at will,
    however created, of property used by a tenant as his or her
    residence, willfully:
    (1) Prevent the tenant from gaining reasonable access to the
    property by changing the locks or using a bootlock or by any other
    similar method or device;
    (2) Remove outside doors or windows; or
    (3) Remove from the premises the tenant's personal property, the
    furnishings, or any other items without the prior written consent of
    the tenant, except when done pursuant to the procedure set forth in
    Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of
    Division 3.
    Nothing in this subdivision shall be construed to prevent the
    lawful eviction of a tenant by appropriate legal authorities, nor
    shall anything in this subdivision apply to occupancies defined by
    subdivision (b) of Section 1940.
    (c) Any landlord who violates this section shall be liable to the
    tenant in a civil action for all of the following:
    (1) Actual damages of the tenant.
    (2) An amount not to exceed one hundred dollars ($100) for each
    day or part thereof the landlord remains in violation of this
    section. In determining the amount of such award, the court shall
    consider proof of such matters as justice may require; however, in no
    event shall less than two hundred fifty dollars ($250) be awarded
    for each separate cause of action. Subsequent or repeated violations,
    which are not committed contemporaneously with the initial
    violation, shall be treated as separate causes of action and shall be
    subject to a separate award of damages.
    (d) In any action under subdivision (c) the court shall award
    reasonable attorney's fees to the prevailing party. In any such
    action the tenant may seek appropriate injunctive relief to prevent
    continuing or further violation of the provisions of this section
    during the pendency of the action. The remedy provided by this
    section is not exclusive and shall not preclude the tenant from
    pursuing any other remedy which the tenant may have under any other
    provision of law.
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