Landlord Liability for Shutting Off Utilities in California

In California, tenants are protected by a body of laws that ensure their rights to essential utilities such as water, electricity, and gas. A landlord’s decision to shut off utilities, whether intentional or not, can lead to significant legal consequences. This article explores the legal framework surrounding a landlord’s liability for shutting off utilities in California, emphasizing tenant protections and potential repercussions for landlords.

Tenant Rights to Utilities

Under California law, tenants have the right to a habitable living environment, as outlined in the California Civil Code Section 1941.1. This includes access to essential utilities like running water, electricity, and gas. These utilities are considered fundamental to maintaining a safe and livable home. Landlords are legally obligated to ensure that these services are available and functioning throughout the tenancy. 

Illegal Utility Shutoffs

It is unlawful for a landlord to intentionally shut off utilities as a means of forcing a tenant to vacate the property or to retaliate against them. This practice, often referred to as a “constructive eviction,” is explicitly prohibited under California Civil Code Section 789.3. The law states that landlords cannot interrupt or terminate utility services with the intent to evict a tenant or coerce them into leaving.

If a landlord shuts off utilities, they may face severe penalties, including:

Statutory Damages: Tenants can sue the landlord for damages of up to $100 per day for each day the utilities remain shut off, with a minimum penalty of $250.

Actual Damages: Tenants may also recover compensation for any actual harm caused by the utility shutoff, such as spoiled food, medical expenses, or alternative housing costs.

Attorney’s Fees: If the tenant prevails in court, the landlord may be required to cover the tenant’s legal fees.

Exceptions and Unintentional Shutoffs

While intentional shutoffs are illegal, there are instances where utility interruptions may occur unintentionally, such as during maintenance or due to unpaid utility bills. In such cases, landlords must act promptly to restore services and communicate transparently with tenants. Failure to address the issue in a timely manner could still expose the landlord to liability if the tenant’s living conditions are significantly impacted.

Preventing Liability as a Landlord

To avoid liability, landlords should prioritize maintaining utility services and addressing any issues promptly. Clear communication with tenants, regular property inspections, and adherence to lease agreements can help prevent disputes. Additionally, landlords should familiarize themselves with local and state laws to ensure compliance.

Conclusion

In California, shutting off utilities is not only unethical but also illegal. Landlords who engage in this practice risk significant financial penalties and damage to their reputation. Tenants, on the other hand, are empowered by strong legal protections to ensure their rights to essential utilities are upheld.  

For these reasons, the landlord should make sure to disconnect service and take it out of the landlord’s name prior to the tenant moving in if at all possible.  In addition, the landlord should make clear in the written lease that utilities are not included and that the tenant is responsible for putting the utilities in their own name.