What rights does a tenant have when the landlord cuts off utility services?

The primary legal protection for residential tenants in California who have had their utilities shut off by a landlord is found in Civil Code Section 789.3. This code section prohibits a landlord from cutting off utility services to a residential tenant for the purpose of terminating a tenancy. Landlords who violate this Section are liable to the tenant for damages in the amount of $100.00 per day for every day the tenant goes without utility service, plus actual damages caused by the loss of utility service, and the tenant's attorney's fees. While the fine of $100.00 per day may not seem like much, it can add up quickly, and this fine does not include actual damages caused by the utility shut off such as the price of eating out when there is no gas or electricity to cook with, food spoiled from lack of refrigeration, the cost of being forced to pay for access to bathing and laundry facilities, and all other costs that a tenant may incur as a result of losing his or her utility access to water and electricity.

It is important that a tenant make a demand that the landlord restore utility service as soon as the water or electricity has been shut off. It is best to make this demand in writing. The letter to the landlord demanding the restoration of utility services should be direct and concise. It is a good idea to contact Legal Aid Society, a community service organization, or an attorney that represents tenants to assist in writing this letter. If a tenant does not qualify for Legal Aid assistance, and cannot get a private attorney, then he or she should remember a few key points when writing the letter to the landlord demanding restoration of utility services. 

 1). Make sure that the letter is dated and addressed to the landlord or the landlord's designated agent. 

 2). The letter must clearly identify the address where the effected tenant lives. 

 3). The letter must clearly state what utility service has been lost and when the loss of service began. 

 4). The letter should state the tenant's belief that the loss of service was caused by the landlord for the purpose of terminating the tenancy. 

 5). The letter should demand that the landlord take all required action to investigate and resolve the problem. 

 6). The letter should state that if the landlord fails to take action to restore utility services within a reasonable period of time, then the tenant reserves the right to withhold the payment of rent. 

 7). The letter should request that the landlord respond to the tenant in writing. 

Make sure that you keep a copy of the signed letter for your records and send it to the landlord via certified mail, so that you can show he or she actually received the letter.  The tenant should not make any threats, nor say anything that he or she would not want to repeat in public. If the tenant is forced to bring a lawsuit, in order to have the utility services restored, then the letter may very well become evidence. It is not helpful in court to have a letter that is filled with personal attacks on the landlord, or otherwise shows the tenant in an unfavorable light.

It is my experience that many tenants do not feel comfortable asserting their rights by writing a letter, and often feel some responsibility for the situation. It is important to remember that under the law, there is no reason that justifies a landlord shutting off a tenant's access to utility services. Even if a tenant is behind on the payment of rent, or the utilities, or even if the tenant has had a checkered past in his or her time in residence, a landlord cannot terminate services in an attempt to force the tenant to move. Any tenant who has had utility services cut off by a malicious landlord should not hesitate to contact an attorney right away.   

Debt Collectors and Their Unlawful Practices

Debt Collection Calls - Tracking Suspicious Phone Calls from Debt Collectors

Under federal law, debt collectors cannot call you on your cell phone.  If you are receiving harassing phone calls from someone demanding that you pay them on a debt, you have a right to make them stop.  Unfortunately, even after you tell them that are calling a mobile phone and that they don't have your permission to call you, many debt collectors simply ignore you and keep calling anyway.

If you are receiving unwanted calls from debt collectors, click on the link above, and place the number into their search engine to find out which debt collector is calling.  Then, give us a call to discuss your legal options.   Take a look at our website to get our contact information.  http://www.tenantdefenders.com/Contact_Us.html

Bed Bugs & Tenants Rights

I have been hearing a lot about bed bugs in the news lately.  As a tenants' rights lawyer, I hear often from people who wonder what to do when the property they rent is infested with bed bugs.  They are terrible.  I have yet to meet anyone who has had to deal with a bed bug infestation that wasn't deeply effected and distraught by the experience.  If you have leased an apartment or house and upon moving in find that you are waking up with bite marks, then it's important to educate yourself about whether the property has bed bugs.  If it does, you need to act quickly.   There is a lot of good information available on the internet about bed bugs.  I like this blog http://bedbugger.com because it has a lot of information and is updated fairly often.  

If you are satisfied that it is bed bugs that are afflicting you, make sure that you begin to keep careful records of your experience.  Take photos. Get pictures of the bite marks, of the tracks left by the bugs, the skins that are shed by the growing nymphs, and anything else that shows the presence of the bugs.  Take notes of any problems caused by the infestation.  You will quickly find that an important part of containing and escaping a bed bug infested property is throwing out furniture and other personal property where they live.  Those items that you don't throw away need to be quarantined for up to 18 months.  These consequences are inconvenient and expensive, but unfortunately, if you don't keep good records of the costs of replacing these items, it will be hard to get any compensation from your landlord or management company.

Keep a journal of the timeline of events with specific dates and times.  If you have new bites when you awake, make an entry explaining how many bites there are and their location.  When you make a complaint to the landlord or the management make sure that you do it in writing.  Your complaint should have a date and clearly identify the property address.  Make a notation in your journal of any conversation that you have about the complaint, and make sure to keep copies of all the complaints that you make.  If you live in an apartment complex, ask other tenants about who lived in the unit before you moved in.  Ask if they ever made complaints about bed bugs, or if anyone else in the complex has also had problems with bed bugs.  Make entries in your journal about these conversations.

It's important to also understand that your landlord will not be happy to hear any mention of problems with bed bugs, and may quickly act to try to cause problems for you.  There's no reason to expect that a landlord who is leasing a bed bug infested property will simply admit his or her fault and compensate you for your losses.  More than likely, the landlord will first look to assign the blame to you.

If you have suspicions that your landlord knew that the apartment or house had problems with bed bugs before leasing it, then don't hesitate to talk to a lawyer.  Landlords usually have lawyers.  The smart landlords find good attorneys and consult them often.  Don't make the mistake of just relying on your landlord to take care of the problem without finding out all the relevant information you can, and then speaking to someone who can tell you about your rights and how to assert them.

Tenant Rights and Legal Defense: Tenants Have Rights Even After Foreclosure

Tenant Rights and Legal Defense: Tenants Have Rights Even After Foreclosure: "Tenants renting houses, condominiums or apartments that have been sold at foreclosure are often caught by surprise when they learn that the ..."

Tenants Have Rights Even After Foreclosure

Tenants renting houses, condominiums or apartments that have been sold at foreclosure are often caught by surprise when they learn that the landlord has lost the property. Many times the landlord or leasing company keeps tenants in the dark as long as possible and tenants may not even be aware of the foreclosure until after the property has already been sold. Even though these circumstances may be a surprise and a hardship, tenants do have rights in this situation and should not be afraid to assert them. These rights will not allow you to stay in the property for the long term, however, they are designed to allow tenants enough time to move from the residence with a sense of order instead of an abrupt dislocation.

After a property has been sold at a foreclosure, the new owner must give those who live at the property notice that the property has been sold and that their lease interests have been terminated. Under Federal law, this notice must give the tenants living in a foreclosed property at least 90 days to vacate. If the tenant has a fixed term lease which extends longer than 90 days, then under certain circumstances, that tenant can remain in possession for the full term of the lease provided that he or she continues to pay rent to the new owner. If the lease is not for a fixed term, or if the term of the lease will expire before the end of 90 days, then the tenant does not have to pay rent to the new owner during the 90 day period to vacate. If a tenant remains living in a foreclosed property beyond 90 days after receiving notice to vacate the property, then the new owner may proceed to court and file an unlawful detainer to evict the tenants.

Unlike a tenant living in a foreclosed property, the former owner must vacate the house or condominium within 3 days. Most notices that are posted on properties after foreclosure include a reference to the 90 days that a tenant can remain in possession, but often emphasize that owners must leave within 3 days. Some also make it sound as though many tenants will not qualify for the 90 day period. The reason for this is that the people who manage the property for the buyer at foreclosure, usually real estate brokers, want to get the occupants out of the house as quickly and inexpensively as possible. Many times these agents will show up at the house and offer cash for keys if you are a “bona fide tenant.” They will often ask to see rental agreements or other proof that someone is actually residing in the property as a tenant. A tenant is under no obligation to disclose any information about whether he or she is a tenant, and many times the person offering to discuss your bona fides as a tenant will tell you whatever they think is likely to make you want to move.


The truth is that it is not a difficult standard under the law to show that you are a bona fide tenant. All that is required is that you have lived at the property since before it was sold at foreclosure, that you paid a reasonable amount of rent, and that you not be related to the former owner. Even if you are behind on the rent, or you don't have a written rental agreement, if you are a tenant that meets the qualifications mentioned above, then you have a right to remain in possession for 90 days after receiving notice of the foreclosure sale.


Many of the owners that buy properties at foreclosure simply choose to go ahead and file an unlawful detainer action to evict the occupants at the property by suing the former owner and Does, or unknown occupants. The reason that they do this is because it forces the tenants living at the property to file a response in court if they want to take advantage of the 90 day period to remain in possession. The Plaintiff must give a copy of the summons and complaint to the people living in the house. Witihin this packet there will be a document entitled Prejudgment Claim of Right to Possession. If a tenant residing at the property receives such a complaint before the expiration of 90 days notice, then he or she needs to go to court and complete and file this Claim form. If the court does not receive any Claim of Right to Possession from a tenant at the property within 10 days that the complaint is served, then the Plaintiff seeking to evict can asks for a default judgment to be entered against the former owner and all unknown occupants. The court will usually grant the default judgment and issue a writ for the Sheriff to evict all occupants. This can happen in just a matter of a couple weeks.


If you are a tenant living in a property that was recently foreclosed and you receive a summons and complaint which names the former owner of the property as the defendant, then it is very important that you contact an attorney that handles unlawful detainers or your local legal aid society.


For more information on another blog devoted to this subject check out http://tenantsforeclosure.blogspot.com/

If you or someone you know someone living in a place that may be affected by foreclosure, please tell them they do have rights. They should try to speak with a lawyer if possible. If they qualify for the free services provided by the Legal Aid Society, they can call 877-534-2524 for help. Help in filling out legal forms is available at clinics in the Courthouses.


The following information applies to residents of foreclosed homes within San Diego County:


For South County residents, Unlawful Detainer Clinic is held Monday through Friday from 9AM to 12:30 at the Southbay Courthouse, 500 West Third Avenue, 1st Floor, Room 155, Chula Vista, California.

• For East County residents, Unlawful Detainer Clinic is held Mondays, Wednesdays, Fridays from 8:30AM to 12 noon and Tuesdays and Thursdays from 9:30AM to 12 noon at the East County Courthouse, 250 East Main Street, 1st Floor next to Department 1, El Cajon, California. 
• For Central residents, Unlawful Detainer Clinic is held Monday through Friday from 1PM to 3PM and Tuesdays and Thursdays from 9AM to 12 noon at the Hall of Justice, 330 West Broadway, 2nd Floor, Civil Business Filing Office, San Diego, California, 92101. 
• For North County residents, Unlawful Detainer Clinic is held Mondays and Thursdays from 12 noon to 3PM in Department 35-Annex at the North County Courthouse, 325 South Melrose Drive, Vista, California 92081. Spanish-speakers must bring a translator. 

For more information regarding attorneys that represent tenants, visit us at www.tenantdefenders.com.


This article is for informational purposes only and does not constitute legal advice since it does not apply to any particular case, situation, or set of facts.