tenant's rights over dispute with landlord under CA landlord tenant laws

Your recourse in this case depends on a couple of things. First, you need to check with your lease (hopefully its in writing). Some leases put the utilities all as part of the landlord's responsibility. Some put most of them to the tenant. However, there are also some other questions. Like what happened with your electricity for the first couple of months. Does the bill match the unit you are renting?

These are all questions you should bring up with an attorney. You should consult with one, especially because if the management is going to act like this (surprising you with bills that may or may not be yours) then you could be in for more problems down the road.

This answer is made available by the lawyer for educational purposes only. It is also to give you general information and a general understanding of the law. This answer is not intended to give you specific legal advice. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance.

Attorney Shapiro is correct in his advice. However, there are a few details that are confusing. When you state that the bill was “not with my address”, do you mean the “billing address” or the address where the service is supplied?

If the service address is not your apartment, there should be no reason for you to pay anything. If the bill was simply addressed c/o the manager’s son as a “bill to” address, then you will want to find out from the electric company if the service is solely to your apartment. If so, you need to refer to your lease as to who is responsible for the utilities. If your lease is not a written lease, it will be your word against the landlord’s as to who is responsible.

If you need to seek the intervention of a court, unless there are other improper charges, you may be best going to small claims court. The filing fees are relatively small and the jurisdiction of the court is up to $7,500. Attorneys are not permitted.

A consultation with a real estate attorney, or a tenants rights attorney would be most helpful to you to determine what your damages are an what course of action you should take.

Disclaimer: I am licensed to practice law in the state of California. Therefore if your case in not in California, the information contained herein may not apply. This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you already have a judgment against your former landlord, the law provides you several ways of enforcing your judgment. You can prepare an Abstract of Judgment and pay the Court Clerk to issue it. Then, you can record your judgment to create a lien on landlord's real estate. You can prepare a Writ of Execution and pay the Court Clerk to issue it. Then, you can take deliver the writ to the Sheriff' along with the required instructions and fees for the Sheriff to garnish your landlord's bank account or wages. You can apply to the court for an order to conduct Debtor's Examination of your landlord to find out about her/his assets. You should immediately consult your own attorney to protect your legal rights

You need to be represented by an attorney skilled in these matters, though, to take advantage of any potential defenses.

Good luck to you.

NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.