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  1. #1
    Join Date
    Dec 2012
    Posts
    1,026

    Default 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

  2. #2
    Join Date
    Nov 2013
    Posts
    7,056

    Default 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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