Landlords cannot shut off a tenant’s utilities for nonpayment of rent. California Civil Code § 789.3 prohibits a landlord from doing so and provides for statutory damages to the tenant where utilities are improperly shut off. Under California law, the tenant would be entitled to actual damages, plus penalties of $100 per day that the utilities are shut off, and reasonable attorney’s fees and costs if the tenant is forced to sue the landlord.
California law disfavors and expressly prohibits a landlord from entering into self-help remedies. For example, a landlord cannot just show up and change the locks when a tenant has not paid rent. Shutting off a tenant’s utilities is another form of self-help which a landlord cannot engage in.
Protecting Tenants Against Unscrupulous Landlords
In our experience, landlords that engage in unlawful tactics, such as shutting off a tenant’s utilities, also fail to fulfill other obligations. Landlords are prohibited from retaliating against a tenant for requesting repairs or reporting the landlord to governmental agencies, such as the city building inspector. Additionally, landlords are required to keep residential units in good repair by providing a permanent heat source (not portable electric heaters), promptly repairing water leaks, and cleaning common areas.
If your landlord has shut off your utilities or retaliated against you, please contact Michael Bracamontes, at 415.835.6777, extension 101 or Ryan Vlasak, at 415.835.6777, extension 102 for a free no obligation consultation. You can also complete our online contact form.
FAQs
If you sue your landlord for harassment and win, California laws allow recovery of: Actual damages for economic harm like moving costs, rent differentials, property losses, etc. General damages for emotional distress, discomfort, loss of quiet enjoyment of your rental unit, etc.
What is considered landlord retaliation in California? ›
What is Considered Landlord Retaliation? Under California Civil Code section 1942.5 (a), when a landlord commits a harassing act against their tenant in response to the tenant exercising their legal rights, it can be considered retaliation. Examples include the following: Increasing rent.
How do you deal with a crazy landlord? ›
So, to protect yourself from a bad landlord, you may take legal actions against them. Collect some solid proofs like security camera recordings and notices in written form, file a complaint against the landlords and get an injunctive order from the court to stop the harassing behaviors.
How can I get my landlord in trouble in California? ›
The State of California Department of Consumer Affairs can help with questions or complaints regarding landlord/tenant relationships, including repair issues, safety violations, and Health and Safety Code violations. For further information, call (800) 952-5210, or visit the website at www.dca.ca.gov.
How do you prove emotional distress in California? ›
According to California law, you need to prove the following elements to hold a defendant liable for NIED:
- The defendant was negligent;
- The victim suffered serious emotional distress; and.
- The defendant's negligence was a substantial factor in causing the victim's serious emotional distress.
In California, you can bring a claim for intentional infliction of emotional distress if someone's outrageous conduct causes you to suffer emotional distress and it was done intentionally, or with a reckless disregard for its effect. A successful lawsuit can allow you to recover: compensatory damages and.
What is considered landlord harassment in California? ›
Landlord harassment in California refers to actions by a landlord that create a hostile living environment for a tenant, such as repeatedly entering the rental unit without notice, cutting off essential services, or using threatening language or behavior.
What makes a strong retaliation case in California? ›
A strong retaliation claim or case typically involves an employee who has experienced an adverse action(s) from their employer. This could include sexual harassment, workplace discrimination, unfair treatment, or any other type of workplace retaliation.
What is considered protected activity for retaliation? ›
Asserting these EEO rights is called "protected activity," and it can take many forms. For example, it is unlawful to retaliate against applicants or employees for: filing or being a witness in an EEO charge, complaint, investigation, or lawsuit.
How do I get back at a horrible landlord? ›
If a dispute arises between you and your landlord, you may be able to file a complaint with the government or other organizations that support tenants. If you are still unable to solve your dispute after filing a complaint, consider suing your landlord in small claims court.
How to Go About Reporting Bad Landlords and Negligence?
- Send a Notice: In almost any case, you must send a written notice to the landlord or property manager describing the issue. ...
- File a Complaint: If the landlord has failed to respond or take any action to current the issues, proceed with filing your complaint.
Disruptive tenants, unpaid rent, and property damage are common fears for landlords.
What are 3 rights landlords have in California? ›
According to the California Civil Code (1940-1954.05), the landlord has the right to collect rent, withhold security deposit return in case of property damages, evictions in case of agreement breaches, and many more.
What is the new renters law in California 2024? ›
It goes into effect on April 1, 2024. AB 1418 (McKinnor): The law aims for “crime-free housing” policies, which often require landlords to evict or otherwise penalize tenants if they have been arrested or had a criminal conviction or refuse to rent to them in the first place.
What is AB 1482 notice to tenants? ›
AB 1482 is a statewide law that went into effect on January 1, 2020 and expires on January 1, 2030. It does two main things: Requires a landlord to have a “just cause” in order to terminate a tenancy. Limits annual rent increases to no more than 5% + local CPI, or 10% whichever is lower.
What is the most you can sue for emotional distress? ›
This amount can vary significantly on a case-by-case basis, however. These damages are determined based on a number of factors including total out-of-pocket cost, damages caps, and the severity of your pain and suffering or emotional distress. Some PTSD lawsuits have settled for between $50,000 to $100,000.
What is the cap on emotional distress damages in California? ›
California does not have a statutory cap on damages for non-economic harm in most personal injury cases. However, there are exceptions, such as medical malpractice cases, where non-economic damages are capped under the Medical Injury Compensation Reform Act (MICRA).
What is emotional distress from a landlord? ›
If the stress caused by the landlord's actions or behavior has resulted in significant harm to the tenant's mental health, it may be necessary to consult an attorney. This could include symptoms such as severe anxiety, depression, panic attacks, or other mental health conditions that require medical treatment.
What can a tenant sue a landlord for in California? ›
Grounds to Sue Your Landlord
- Uninhabitable rental unit.
- Housing discrimination.
- Landlord negligence, including a failure to make necessary repairs.
- Interference with the right to quiet enjoyment.
- Illegal eviction.
- Failure to return a security deposit.
