Cutting off Utilities to Influence Us to Move

[sandyclaus]

What is the name of your state (only U.S. law)? CA

I am somewhat familiar with California Code of Civil Procedure 789.3 that prohibits LLs from terminating "any utility service furnished to the tenant" for the purpose of motivating them to move. My question is directed to the legal professionals out there.

What constitutes a utility service for the purpose of this statute? The law mentions gas, electric, light, telephone, refrigation, and elevator, but also says "including but not limited to" these items. When I moved in, we were provided gas, electric, water, and cable (both video and internet services), which we have been charged a share of for the house in which we rent a room.

Now the LL is retaliating by disconnecting the cable service to our room only, and has changed passwords on the wireless router so we can't access the internet any longer. She wants us to move, and knows she can't disconnect the gas, water & power without it affecting the entire household. She has refused to accept payment for our cable share (in writing), and now tries to say that since we don't pay for it we can't use it.

I'm hearing differing opinions on what constitutes a utility service under this statute, and want a legal opinion to see if terminating our cable service qualifies as a violation or not. We already have a restraining order against her to prevent disconnection, which she has already violated by intentionally blocking internet access (she takes the wireless router/modem in her room when she isn't using it, to prevent us from connecting), but I want to pursue civil remedies if this applies.

Any info would be helpful. Thank you!

 

[Who's Liable?]

The law regarding utility shut-off generally applies to gas, electric, and water, although CA is different on a lot of items.

If your lease states internet access and cable is part of the rental fee, than she would be in violation of the lease, and you could pursue her in court. You could deduct your share of the amount from your rent or compile it and lump it up when you sue her.

 

[sandyclaus]

The law regarding utility shut-off generally applies to gas, electric, and water, although CA is different on a lot of items.

If your lease states internet access and cable is part of the rental fee, than she would be in violation of the lease, and you could pursue her in court. You could deduct your share of the amount from your rent or compile it and lump it up when you sue her.

We are not on a lease, but instead on a month-to-month verbal agreement. I have documentation of the original ad showing that cable was included as part of the rental. The gas and cable are under the LL's acct, the water & power are under someone else's name (someone who doesn't even live at the house). The agreement was that she would divide the bills up equally among the occupants, and these amounts would be paid in addition to the monthly rent.

Basically, she is going against her agreement with us by trying to take away the cable service for us only - the remaining occupants still enjoy the services. She is doing so in retaliation for us obtaining a restraning order against her for other harassment that she has subjected us to, in her attempt to get us to leave without having to go thru the trouble and cost of eviction.

 

[Cvillecpm]

So leave or get your wi-fi access at Starbucks!!! It will only get worse and you are forcing her hand....leave or it will get messy!!!

 

[applecruncher]

Sounds like you don’t want to be there anymore than she wants you there. However, I didn’t see where you said she has given you a 30 day notice to leave – which is what she should and could do – easily – if she really wants you out.

Re: your documentation of harassment, I suspect a lot of drama on both sides which you aren’t telling us. Just as well. I'd think the cat-and-mouse game would get old.

Sue her (good luck with that)
Stop paying for the internet/cable and get your own or use it elsewhere
Look for someplace else to live.

 

[Cvillecpm]

You need to leave...you don't appear to be a tenant but a ROOMER since she/LL lives in the house also so you need to be checking INNKEEPER laws and not landlord tenant laws.

You are not a tenant under CA landlord-tenant laws because: 1) you have no written agreement; 2) you have no utilities in your name; 3) other people share the dwelling with you under separate agreements; 4) landlord RESIDES at the property.

Trying to bootstrap internet access under the self-help utiity turn off is a tough one...

 

[applecruncher]

If this was an "inn" OP wouldn't have been able to get a restraining order. S/he would have just been told to leave.

 

[Cvillecpm]

Restraining orders are often temporary (TRO)AND issued by magistrates rather than being heard by a judge who actually knows the laes....the full situation may not have been recognized and the landlord may well not know her rights under the "innkeeper rules"....she could change the locks and sell OP's belongings for rent not paid.

OP and landlord are shadowboxing and OP's wanting some $$$ out of the situation is unfortunate as the landlord/lady obviously has little or no funds if she is taking in boarders....I agree....OP is spinning wheels

 

[applecruncher]

Furthermore, getting a TRO against a LL who lives in the same house . . .weird to say the least.

I wouldn't wan tto continue living there for long. While doing research is fine, even commendable, I have a feeling this place is not the Taj Mahal. There have to be other places to live - with and without internet and cable. Meanwhile, going without internet and cable for a while does not fall under the category of hardship, but I wouldn't keep paying fo rit if I could no longer use it.

 

[sandyclaus]

"OP" here is a subtenant, not a boarder. LL is a tenant who rents house from the owner (owner does not live in the house).

LL is a control freak who wants her house and life run as she pleases, and expects everyone to go along quietly. Does not recognize tenant's (or in this case SUB-TENANT'S) rights to quiet enjoyment.

Does YOUR LL go around, smoking dope, and following you around the house screaming at you? Does your LL act all lovey-dovey one minute toward you to manipulate you into paying HER bills, and then get violent when they realize it didn't work? Does your LL get fired (not laid off) from 3 jobs in 3 months and blame it on on the guy/gal she had to punch out because they looked at her sideways?

My LL is broke and has been denied unemployment benefits because of her work behavior that caused the separations. The drugs may have something to do with that, and that lack of money can certainly put stress on a person. But does that justify her harassment (when I'm working & paying my bills on time, thank you)? NO. So, you property managers & LLs who think I created this problem, you couldn't be more wrong.

The only thing I ever asked for from this woman was a sane & quiet place to live, under the terms we agreed upon when I moved in. When her money was tight, did she disconnect HER cable at over $185 a month? NO. She tried to get ME to pay for it by hiding the actual copies of the bill and presenting me with a trumped up invoice that includes her total as well, and threatens to turn ME off if I don't pay it. When I refused, only I got removed from the service - even though my true share has always been paid in full. So, now instead of sharing that $185 bill between the 4 people in the house, she takes my son & out of the equation, and is forced to split the $185 between the remaining 2 people.

She screwed herself and is pissed because I won't cover her unemployed ass. THAT is the reason she wants us to leave. Not because I have done anything to justify leaving or because I am some troublemaker looking to get a little cash benefit. YES, I am looking for a new place - especially with a PERMANENT RESTRAINING ORDER (not TRO) in force. But am I required to put up with harassment or worse? NO. Can she play take away because I won't play along "nicely"? NO. (well she CAN, but not legally...)

Which brings me to my original question for a LEGAL PROFESSIONAL (because I am seeking a legal interpretation of CCP 789.3, NOT a LL's slanted view, which I clearly have gotten too much of here). What constitutes a utility service?

(my rant is now over, Tyvm)

 

[xylene]

Your damages are capped at thirty days.

You can give your 30 day notice and move.

Otherwise your acceptance beyond 30 days means you are ok with the new arrangement / terms.

If you don't have a lease, you only have 30 days.

 

[applecruncher]

ETA: sandyclaus, I just received your message and you are welcome. Good luck.