Utility Shutoffs & Illegal Lockouts Your landlord cannot shut-off your utilities or lock you out of your apartment. This is known as “constructive eviction” and it is illegal. Utility shutoffsCheck your rental agreement to find out who pays for utilities such as water, heat, electricity, and gas. The agreement must explain which utilities you pay for, and which ones the landlord will pay. If you pay for utilitiesIf you are responsible for paying the utilities and you missed some payments, the utility company may shut them off. If this happens, you will have to pay the utility company to have them turned on again. If you disagree with the reason why the utilities were disconnected, call us for assistance. If your landlord pays for utilitiesIf your landlord pays for utilities, he may not shut them off to force you to move out. The landlord cannot lock you out or shut off your utilities to force you to move. You must be legally evicted through a court process called Unlawful Detainer. If you have been evicted, only a Sheriff Deputy can remove you with a court order. Remedies for utility shut-offsHere are 3 things you can do if your landlord shuts off your utilities:
Ask an agency for helpAsk your local housing authorities for help. Check the White Pages in your local phone book under City Government Offices for contact information. File a complaint with usWe will contact your landlord and request that he restore your utilities. We will tell you how to contact the police, report the landlord to the proper authorities, or help you take your case to Small Claims Court. Sue the landlordYou can sue the landlord for $250, or $100 per day, whichever is greater, for each day your rental unit is without utilities. You can also add other costs to your lawsuit, such as charges for a motel. Illegal LockoutsIf your landlord forcibly removes you from your rental unit or lock your doors and windows so you can’t get in, call the police for help. If you show the police that you are renting the unit, they will tell your landlord to let you stay in the unit until he legally evicts you. If your landlord refuses to let you in, the police may arrest him for trespassing. If you live in a city with rent controlIf you live in a city with rent control, call your City’s Rent Control Board if you are having problems with utility shut-offs or illegal lockouts.
City of Los Angeles Utility Maintenance ProgramIf you are in the City of Los Angeles, ask your Rent Control Board to place your rental unit in the City’s Utility Maintenance Program. A City inspector will inspect your rental unit, and if it qualifies, you will be able to pay your rent directly to the City. The City will then pay the utilities to avoid termination. Civil Code 789.3 Contact us for more information or speak with one of our counselors at (800) 593-8222. If you live outside of Southern California, call us at (213) 974-1452. Updated May 5, 2008 For more information: |