📋 Illegal Utility Shutoffs in California
California Civil Code Section 789.3 makes it illegal for a landlord to interrupt or terminate utility services to a residential tenant. This includes situations where the landlord directly shuts off utilities, fails to pay utility bills in their name, or takes any action intended to terminate your essential services. The law provides strong remedies including statutory damages of at least $100 per day.
What Utilities Are Protected?
California law protects tenants from interruption of all essential services:
💧 Water Service
Hot and cold running water, including water for drinking, cooking, bathing, and sanitation
🔥 Gas Service
Natural gas for heating, cooking, and hot water heaters - especially critical in winter months
⚡ Electricity
Electric service for lighting, refrigeration, heating/cooling, and essential appliances
🌡 Heating & Cooling
HVAC systems, especially heating during cold weather - required for habitability
📡 Telephone/Internet
If included in rent or provided by landlord, these services cannot be terminated
🚪 Other Services
Elevator service, garbage collection, or any other service agreed to in the lease
Common Illegal Shutoff Scenarios
🚫 Direct Shutoff by Landlord
▼The landlord physically turns off utility valves, breakers, or meters. This is the most blatant violation of Civil Code 789.3. It often occurs when a landlord wants to force a tenant to move out without going through formal eviction proceedings. Document immediately with photos and video of the shut-off controls.
💰 Failure to Pay Utility Bills
▼When utilities are in the landlord's name and the landlord stops paying bills, resulting in service termination. Even if the landlord claims financial hardship, they remain responsible for maintaining utility service. You may be able to pay the utility company directly and deduct from rent in some cases.
🔒 Lockout Combined with Shutoff
▼Landlord changes locks AND shuts off utilities to make the unit uninhabitable. This compounds the violation - you may have claims under both Civil Code 789.3 (utilities) and Civil Code 789.3(b) (lockout). Penalties can accumulate rapidly.
🏠 Master Meter Manipulation
▼In multi-unit buildings with a master meter, landlord reduces or terminates service to pressure tenants. This affects all tenants and may constitute a pattern of harassment. Contact your local housing authority and consider coordinating with other affected tenants.
🚧 "Renovation" Pretexts
▼Landlord claims utilities must be shut off for "repairs" or "renovation" but the shutoff lasts unreasonably long or no actual work occurs. Brief, necessary interruptions for genuine repairs are permitted, but extended shutoffs or pretextual shutoffs violate the law.
⚠ It Does Not Matter If You Owe Rent
Even if you are behind on rent, your landlord CANNOT shut off your utilities. The only legal way to remove a tenant in California is through the formal unlawful detainer (eviction) process. Utility shutoffs as a form of "self-help eviction" are explicitly prohibited and carry significant penalties.
👍 Your Rights Under California Law
- Immediate restoration - Demand utilities be restored immediately
- $100/day minimum - Statutory damages for each day without service
- Actual damages - Hotel costs, spoiled food, medical expenses, lost wages
- Emergency court relief - Obtain a temporary restraining order (TRO)
- Lease termination - Move out without penalty and recover damages
- Attorney's fees - Prevailing tenant may recover legal costs
⚖ Legal Basis
California provides powerful statutory protection against utility shutoffs. These laws establish your rights and the penalties your landlord faces for violations.
Primary Statute: Civil Code Section 789.3
California Civil Code 789.3(a) - Prohibition
A landlord shall not, with intent to terminate the occupancy, interrupt or terminate any utility service, including water, heat, light, electricity, gas, telephone, elevator, or garbage collection. This applies whether the landlord directly controls the utility or causes termination through nonpayment.
California Civil Code 789.3(b) - Statutory Damages
A tenant who is denied utility service in violation of this section may recover actual damages and not less than $100 for each day the utility service is interrupted. This statutory minimum applies even if actual damages are lower. The tenant may also recover reasonable attorney's fees.
California Civil Code 789.3(c) - Injunctive Relief
In addition to damages, a tenant may obtain injunctive relief (court order) requiring the landlord to restore utility service. Courts may issue emergency temporary restraining orders (TROs) without notice to the landlord when necessary to prevent irreparable harm.
Supporting Laws and Cases
Public Utilities Code Section 777 et seq.
Regulates utility companies and prohibits them from terminating service in certain circumstances. May provide additional remedies if the utility company improperly terminated service or failed to follow proper procedures.
California Civil Code 1941-1942.5 - Habitability
Utility service is part of the implied warranty of habitability. A unit without water, electricity, or heat is uninhabitable. You may have additional claims under habitability law, including rent withholding and repair-and-deduct remedies.
Green v. Superior Court (1974) 10 Cal.3d 616
Landmark case establishing the implied warranty of habitability. While primarily about repair issues, the case confirms that essential services like utilities are required for a habitable dwelling. Supports additional damages claims beyond the 789.3 statutory remedy.
KOVR-TV, Inc. v. Superior Court (1995) 31 Cal.App.4th 1023
Confirmed that the $100/day minimum under Section 789.3 is a floor, not a ceiling. Tenants may recover greater actual damages if they can prove them. The statutory minimum ensures meaningful recovery even when actual damages are difficult to quantify.
Landlord-Paid vs. Tenant-Paid Utilities
💰 Landlord-Paid Utilities
When utilities are in the landlord's name and included in rent, the landlord has direct control and responsibility. Failure to pay bills resulting in shutoff is a clear 789.3 violation.
💳 Tenant-Paid Utilities
When utilities are in your name, the landlord cannot interfere with service. If landlord controls the shutoff valve/breaker, they still cannot use it to terminate your service.
💡 The Intent Requirement
Civil Code 789.3 requires that the landlord act "with intent to terminate the occupancy." However, courts broadly interpret this. If a landlord shuts off utilities and there's no legitimate maintenance reason, intent to force you out is presumed. Landlords cannot escape liability by claiming they "just wanted you to pay rent" - that's still intent to terminate occupancy.
✅ Evidence Checklist
Document everything immediately when utilities are shut off. This evidence is critical for your demand letter and any court proceedings.
📷 Photo & Video Evidence
- ✓ Photos of non-working utilities (dark rooms, dry faucets)
- ✓ Video of attempting to use utilities (turning on faucet, flipping switches)
- ✓ Photos of utility meters, breaker boxes, or shutoff valves
- ✓ Timestamp photos showing date/time of shutoff
📄 Utility Company Records
- ✓ Utility bills showing account status and payment history
- ✓ Shutoff notices from utility company (if any)
- ✓ Call records with utility company confirming service status
- ✓ Written confirmation from utility of who requested shutoff
🌡 Temperature & Condition Logs
- ✓ Indoor temperature readings (use thermometer app or device)
- ✓ Outdoor temperature records (from weather service)
- ✓ Daily log of conditions without utilities
- ✓ Photos of spoiled food in refrigerator (if power shut off)
📩 Communications with Landlord
- ✓ All texts, emails, and messages about the shutoff
- ✓ Written demands for restoration sent to landlord
- ✓ Any statements landlord made about why utilities were cut
- ✓ Notes from phone calls (date, time, what was said)
💰 Financial Impact Records
- ✓ Hotel/motel receipts if you had to relocate
- ✓ Restaurant receipts (if unable to cook)
- ✓ Receipts for spoiled food or damaged items
- ✓ Lost wages documentation (if missed work)
👥 Third-Party Evidence
- ✓ Witness statements from neighbors or visitors
- ✓ Police report (if you called for assistance)
- ✓ Code enforcement inspection report
- ✓ Medical records if health was affected
⏱ Document the Exact Timeline
The $100/day statutory damages depend on proving exactly how many days you were without utilities. Record the precise date and time when service stopped, and when it was restored. Keep a daily log. Courts calculate damages based on this timeline.
💰 Calculate Your Damages
Civil Code 789.3 provides strong remedies. You can recover both statutory damages ($100/day minimum) and actual damages for your losses.
| Damage Category | Description |
|---|---|
| Statutory Damages | Minimum $100 per day for each day utilities are interrupted - no proof of actual harm required |
| Hotel/Lodging Costs | Reasonable cost of temporary housing if unit became uninhabitable |
| Food Spoilage | Value of refrigerated and frozen food lost due to power shutoff |
| Meal Expenses | Restaurant costs above normal food budget if unable to cook |
| Lost Wages | Income lost if you missed work due to the shutoff situation |
| Medical Expenses | Healthcare costs if shutoff caused or worsened health conditions |
| Emotional Distress | Anxiety, stress, and suffering caused by the illegal shutoff |
| Relocation Costs | Moving expenses if you had to permanently relocate |
| Attorney's Fees | Prevailing tenant may recover reasonable legal fees under 789.3 |
💰 Statutory Damages Are Automatic
The $100/day minimum applies regardless of whether you can prove any actual financial loss. Even if you stayed with friends for free and had no out-of-pocket costs, you still recover at least $100 for each day without utilities. This ensures landlords face meaningful consequences.
📊 Sample Damages Calculation
Example: 14 Days Without Electricity and Water
Damages for Extended Shutoffs
The longer the shutoff continues, the more your damages accumulate:
1 Week (7 days)
$700 minimum statutory damages + actual costs
2 Weeks (14 days)
$1,400 minimum statutory damages + actual costs
1 Month (30 days)
$3,000 minimum statutory damages + actual costs
💡 Small Claims Court Limit
California small claims court limit is $12,500 for individuals. Most utility shutoff cases can be handled in small claims court without an attorney. For larger claims or if you want to recover attorney's fees, consider limited civil court or consult with a tenant rights lawyer.
📝 Sample Language
Copy and customize these paragraphs for your utility shutoff demand letter. Cite the specific statutes to show you know your rights.
I am writing to demand the immediate restoration of [water/gas/electricity/all utilities] to my residence at [PROPERTY ADDRESS]. On [DATE], utility service was interrupted. This interruption constitutes a violation of California Civil Code Section 789.3, which prohibits landlords from interrupting utility service with intent to terminate a tenant's occupancy.
1. IMMEDIATELY restore [water/gas/electricity/all utilities] service to my residence;
2. Pay damages in the amount of $[AMOUNT] within [10/14] days of this letter;
3. Provide written confirmation that utility service will not be interrupted again.
If utilities are not restored within [24/48] hours of your receipt of this letter, I will seek emergency injunctive relief from the Superior Court, file a complaint with the local housing authority, and pursue all available legal remedies including statutory damages, actual damages, emotional distress, and attorney's fees.
Please govern yourself accordingly.
🚀 Next Steps
What to do immediately and after sending your demand letter.
If Landlord Doesn't Restore Utilities
-
Seek Emergency Court Relief (TRO)
File for a Temporary Restraining Order at your local Superior Court. You can request an emergency hearing, sometimes the same day. The court can order immediate restoration of utilities. Many courts have self-help centers to assist with forms.
-
Contact Code Enforcement
Report the violation to your city or county housing department. Code enforcement can issue citations and fines against the landlord. Inspectors can document the violation for your legal case.
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Consider Paying Utility Bill Directly
If utilities were shut off due to landlord's nonpayment, you may be able to pay the utility company directly and deduct the amount from your rent. Contact the utility company about their tenant protection programs.
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Exercise Rent Withholding Rights
A unit without utilities is uninhabitable. Under Green v. Superior Court, you may withhold rent until conditions are corrected. Set aside withheld rent in a separate account.
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Relocate and Pursue Damages
If conditions are unsafe, you may need to temporarily relocate (hotel, family, friends). Keep all receipts. You can recover these costs as actual damages in addition to statutory damages.
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File a Lawsuit
Sue in small claims court (up to $12,500) or limited civil court for larger amounts. You can recover statutory damages, actual damages, emotional distress, and attorney's fees.
Lease Termination Option
An illegal utility shutoff may give you the right to terminate your lease and move out without penalty. You can still pursue damages for the period you were without utilities. Consider this option if:
- The landlord refuses to restore utilities
- You no longer feel safe in the property
- You want to leave but are locked into a lease
- The landlord has shown a pattern of harassment
⚠ If You Are Also Being Evicted
If your landlord has filed an unlawful detainer (eviction) case AND shut off utilities, the utility shutoff is likely illegal retaliation and/or an attempt at "self-help" eviction. Raise the utility shutoff as a defense and counterclaim in the eviction case. Contact a tenant rights attorney immediately - utility shutoffs during eviction proceedings are viewed very seriously by courts.
Expected Timeline
24-48 Hours
Landlord should restore utilities immediately upon receiving demand
Same Day (Emergency)
Courts can issue emergency TROs to compel restoration
10-14 Days
Deadline for landlord to pay damages before you file suit
Need Immediate Legal Help?
Utility shutoffs are emergencies. Get guidance on emergency court relief, damages calculation, and next steps from an attorney.
Book Consultation - $125California Resources
- CA Dept. of Consumer Affairs - Landlord-Tenant: dca.ca.gov - Tenant rights handbook and complaint forms
- Local Housing Authority: Report illegal utility shutoffs and request inspection
- Legal Aid: lawhelpcalifornia.org - Free legal assistance for qualifying tenants
- Superior Court Self-Help Center: Assistance with TRO and small claims forms
- CPUC (California Public Utilities Commission): cpuc.ca.gov - Utility company complaints
- Housing Rights Center (Los Angeles): 1-800-477-5977 - Free tenant hotline
- Bay Area Legal Aid: baylegal.org - Tenant assistance in Bay Area