Legal Question in Landlord & Tenant Law in California
Landlord Tentand issues:
I have a landlord from hell, he lives on the property where I live, up against my house. I am disabled, this month, a problem arose with my check, all to ended soon. However he is threatning me with eviction because I could not pay full rent. My question can he continue to come to my house and yell at me to get out, and now shut off my cable which I paid installation on and the box for? Being disabled is hard enough no TV is horrible. Can he legally do that? It is part of the rent but is it considered utilities? The rent will be taken care of before he can bother the courts, but he maken me ill, and I am ill enough. Help?
3 Answers from Attorneys
Re: Landlord Tentand issues:
In California a landlord can not shut off the utilities or harass a tenant even if the tenant is behind in rental payments. Try giving him a firm date by which you are 100% sure you can make up the entire back rent but ask him to stop his improper and illegal activities. Say you may have to call the police if he remains a public nuisance. Put it all in writing and mail it certified so you have proof he received it. Contact the local tenants organization and see if they can help at all, if that does not work. Also check to see if you are under any rent control regulatons
Re: Landlord Tentand issues:
Bad news. Your lease is a contract, and even though you are disabled, you must pay the rent. Your inability to pay the rent is your problem, not the landlord's. If you can avoid eviction, you should, because you will not win, and with an eviction on your credit history, it will be extremely difficult to rent another place. He should not come to the house, and yell at you to get out. You could call the police, but, they will nicely ask him to stop, and you will probaby face eviction shortly thereafter. As far as cable, that is not a utility...and the answer would depend on what is written in the lease, and because you paid for installation and the box, doesn't necessarily mean that he is wrong to shut it off. You haven't given enough facts to answer the cable question. Also, California doesn't pay for emotional damages, or distress. Sounds like you would be best off borrowing money, vacating the premises, or working out a deal with the landlord before he files eviction proceedings.
Re: Landlord Tentand issues:
You must pay the due rent to your landlord. The landlord has no legal right to interfere into your enjoyment of your premises under lease. The landlord cannot take the law in his own hands and thus has not right to disconnect your cable if he has done than you may deduct the rent as per terms of lease or you may go to court in this regard.
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