Landlord Utility Payment Violations

Summary

In California, if a landlord fails to pay utility bills included in rent, they may breach the implied warranty of habitability and violate California Civil Code Section 1941.1. Retaliation for complaints, such as issuing a 60-day notice, may breach California Civil Code Section 1942.5. Tenants can sue for damages, potentially filing an unlimited civil case for claims over $25,000. Required forms include PLD-C-001 (Complaint—Contract), CM-010 (Civil Case Cover Sheet), and SUM-100 (Summons). Text messages can serve as written notification of issues. Consider consulting a tenant rights organization or attorney for guidance.

Full Conversation

what laws did my land lord break if my rent includes my utility cost and the land lord failed to pay the bill and it was shut off for * weeks and once I was finally able to restore service I received a 60 day notice
Hi Norma! In California, your landlord may have violated several laws:
- Breach of the implied warranty of habitability.
- Violation of California Civil Code Section *.*, ensuring essential services.
- Potential retaliation under California Civil Code Section *.* for the *-day notice.
Did you notify your landlord about the utility shutoff in writing?
in text messages
Thanks for the info, Norma. Text messages can serve as written notification. Keep records of all communications with your landlord. You may want to consult a local tenant rights organization or attorney for further guidance. Is there anything else you need help with?
what laws did he break
Hi Norma! In California, your landlord may have violated several laws:
- Breach of the implied warranty of habitability.
- Violation of California Civil Code Section *.* (ensuring essential services).
- Possible retaliation under California Civil Code Section *.* (for the *-day notice).
Would you like more information on how to proceed with this situation?
can i sue for it and what forms would i need to file to sue
Yes, you can sue your landlord for these violations. You may need to file a complaint in small claims court or a higher court depending on the damages.
For small claims court:
- Form SC-* (Plaintiff’s Claim and Order to Go to Small Claims Court)
Would you like more details on how to fill out the form?
id like information on unlimited not small claims
Hi Norma! For filing an unlimited civil case (claims over $*,*) in California, you will need:
- Form PLD-C-* (Complaint—Contract)
- Form CM-* (Civil Case Cover Sheet)
- Form SUM-* (Summons)
Would you like more information on how to fill out these forms?