Re: Tenant won't switch untilities into her name.

Re: Tenant won't switch untilities into her name. by MrDan (Georgia) on September 18, 2014 @20:45

California Civil Code 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 boot lock 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.

Utility Service Cut Off for Owner’s Non-payment of Utilities [CA Civil Code §1942.2] [PUC §777]
Effective January 1, 2010 where a landlord-tenant relationship exists, if an electrical, gas, heat, or water corporation furnishes individually metered residential service to residential occupants in a detached single-family dwelling, multiunit residential structure, mobile home park, or permanent residential structure in a labor camp, and the owner, manager, or operator is the customer of record, the corporation is required to make every good faith effort to inform the residential occupants, by means of a specified written notice, when the account is in arrears, that service will be terminated at least 10 days prior to termination. Residential occupants may become customers of the corporation, providing that one or more of the residential occupants are willing and able to assume responsibility for the subsequent charges to the account to the satisfaction of the corporation then the corporation must make this service available to the residential occupants. The utility corporation shall further inform the residential occupants that they have the right to become customers, to whom the service will then be billed, without being required to any amount which may be due on the delinquent account. A tenant who has made a payment to a utility, when the utility costs were included in the rent as provided in the rental agreement between the resident and the property owner/management, and then the tenant may deduct the payment from the rent.

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Re: Tenant won't switch untilities into her name. by MrDan (Georgia) on September 18, 2014 @20:53	[ Reply ]

If your lease states the tenant is to put the utilities in the tenants name, this might be an option; 3 Day Perform or Quit Notice - This notice is used when a tenant is in breach of the lease or rental agreement or owes the landlord late fees or debts other than rent. Like with the 3-Day Pay or Quit Notice, the tenant who is served with a 3-Day Notice to Perform or Quit has three calendar days after service to vacate the unit or comply with the notice by doing or not doing the act that is causing a breach of the agreement. Examples of situations often addressed in a 3-Day Notice to Perform or Quit include excessive noise, unauthorized occupants, and violation of house rules. A landlord may choose to serve a Notice of Termination without Cause along with the 3-Day Perform or Quit Notice.

Re: Tenant won't switch untilities into her name. - Landlord Forum thread 324692