Legal Question in Civil Litigation in California
My lanlord is suing me in an unlawful detainer. My internet suddenly stopped working about a month ago. They know I work from home. The Internet company has done all they can and they said its the building's problem and that the building needs to change the wiring because the current wires are too old. The building refuses to change the wires, and says there is nothing they can do about it.
I currently do not have a working internet and have to spend all day at the library.
I want to sue my landlord. I view this as a tactic to get me to move out and they are also disturbing my income since I cant work for home. They say if its that bad, I should move out.
I want to know the specific procedure to follow. Do I sue them for damages in a cross complaint to an unlawful detainer and also bring it up in my answer that they are trying to evict me by not providing an essential utility that is supposed to be provided in the lease?
The point is, the the wiring into my apartment is bad and they have refused to fix it, and we are currently in an unlawful detainer. Please how do I proceed?
Thank you very much.
3 Answers from Attorneys
I don't believe your story at all, because my internet provider installs wire all the way to the office network, through my building. In fact, the last 3 internet service providers that I have had for the past 21 years have all done that.
Apparently Mr. Roach is not up on the details of the 1980's deregulation of the telecom industry, as far as responsibility for telecommunications wiring, nor is he up to date on residential rather than commercial telecom. The DSL provider is correct that for residential customers, responsiblity for the wiring ends at the junction box on the building. I am sure Mr. Roach is correct that the DSL provider is willing and able to provide wiring in to your apartment, but not without the building owner's consent and willingness to pay for the upgrade.
Unfortunately, however, you still don't have a case. Unless the lease specifically provides that you are entitled to DSL, you are not entitled to DSL in your apartment. There is no law that even requires you to have telephone wiring at all. Only heat and electric light are essential utilities. Furthermore, even if you are entitled to it, and they are in breach of the lease, it is not a "habitability" issue and therefore it is no defense to an unlawful detainer. So DSL or no DSL, you are going to be evicted unless you come to terms of a settlement with your landlord that allows you to stay.
That was for residential. They wire straight into my home office to the network my wife and I share. It's clearly a residence. For commercial, all attorneys in the law building had to agree and pay for different than what the building had.
So I still don't believe your story.
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