Utility Shutoffs by the Landlord: The 100-Dollar-a-Day Statute

Cutting power, water, or gas to move a tenant out is one of the costliest mistakes a landlord can make — California meters the penalty by the day and adds attorney fees.

What California Law Says

Civil Code section 789.3 prohibits landlord interruption of utilities with intent to terminate occupancy, imposing actual damages plus up to 100 dollars per day of interruption with a 250-dollar floor, plus attorney fees. Tenants may also restore service directly with the utility and deduct costs where arrangements allow.

How to Protect Yourself, Step by Step

1. Confirm the cause with the utility — get the disconnection reason in writing.
2. Notify the landlord in writing that section 789.3 penalties are running daily.
3. Restore service in your own name where possible and track every cost.
4. Document the outage’s real losses: food, hotel, medical equipment downtime.
5. File the claim — daily penalties, actual damages, and fees make these cases attractive even in small claims.

Common Questions

The landlord says he stopped paying the utility because I owe rent. Defense?

None — rent disputes have legal channels, and shutoffs are prohibited regardless of arrears; the excuse is an admission of intent.

The master meter is in the landlord’s name and service died with his nonpayment. Covered?

Yes — tenants on master-metered buildings have specific protections, including rights to restore service and deduct, and the intent element reaches reckless nonpayment aimed at emptying units.