Over charged on rent

[hardenaz]

What is the name of your state? CA

I signed a lease in April that required me to pay an additional $30 to my landlord towards my rent for cable television. I paid for the months of April, May, and recently June. I have since discovered after finally getting my things moved in that there was no cable television connected. After contacting the cable company I discovered that there was no cable television service in my unit since 2017. I would like to have refunded the money I paid for television that I never had.

The landlord verbally said that I have to pay for cable television whether I watch it or not when I signed the lease, however the lease states that the landlord may disconnect the cable television if the $30 isn’t paid. I would like to continue to not have cable television and either refund the $30 I had been paying or deduct the amount from my coming rent.

In California, what is the proper legal protocol in addressing this issue?

 

[adjusterjack]

The landlord verbally said that I have to pay for cable television whether I watch it or not

But does it say that in your lease?

however the lease states that the landlord may disconnect the cable television if the $30 isn’t paid.

Is that the only thing it says about cable TV?

Deducting from rent is likely to get you evicted for non-payment of rent.

My suggestion. Write him a letter demanding the $90 because there is no cable TV to the unit. If he doesn't pay you have the option of suing him in small claims court

 

[hardenaz]

Thank you for your reply. If I may ask:

The rent as stated in the lease is 756 and a separate charge for 30.00 for cable totaling 786 due each month.

Since there is no cable TV in the unit and I do not want one, may I just pay the 756.00 this July?

If I elect to sue him for the $90, can the landlord evict me for suing him if I am still paying the 756.00 rent? Also, what proof would I need to bring to court to show that there is no cable television in the unit? The cable bill is in the owners name and therefore only he could request a statement from the cable company. I could take a picture of the television without cable, but that would only be for the one day. I can’t take a picture every day. Your suggestions are appreciated

 

[Just Blue]

Thank you for your reply. If I may ask:

The rent as stated in the lease is 756 and a separate charge for 30.00 for cable totaling 786 due each month.

Since there is no cable TV in the unit and I do not want one, may I just pay the 756.00 this July?

If I elect to sue him for the $90, can the landlord evict me for suing him if I am still paying the 756.00 rent? Also, what proof would I need to bring to court to show that there is no cable television in the unit? The cable bill is in the owners name and therefore only he could request a statement from the cable company. I could take a picture of the television without cable, but that would only be for the one day. I can’t take a picture every day. Your suggestions are appreciated

Is your lease month to month or a years lease?

 

[FarmerJ]

Considering that you live in a very tenant friendly state when it comes to landlord tenant laws and relations so Your LL would look like a giant horses backside if your LL tried to evict based on non pay . Your LL did you a giant favor by having the CATV fee listed separate from the rent .( side thought , Im wondering in your area if the CATV company runs its signal so a customer can use it with out a cable box and just used a splitter to let additional tvs get that signal and charged his tenants a portion of the bil? .) it really does not matter because in a court your LL not only would look bad trying to sue or even trying to collect a CATV fee when it doesnt work is not going to be supported by the courts- not likely the LL will be rewarded even if the LL tried to say unfairly take it from your deposit funds. If your LL makes a issue your free to ask your LL if he would like to explain it all to a judge someday? SO curious are you month to month or in a multiple month lease like say one year?

 

[hardenaz]

Thank you for your response .

As for the cable television, I am not technically savvy enough to see exactly how it is set up. I can tell you that there is a Samsung monitor and a cable box. Under the desk there are a few cords all connected to what looks like a splitter. There could be a splitter elsewhere in the building.

I requested a year lease, however reading the lease I could not see where the term of the lease was stated. If I am on month-to-month would that put me at a disadvantage in regards to the cable television issue? Also, what proof should I have on-hand should the matter need to go to court? The only thing I can get from the cable company is a billing statement from when I started my internet-only service. Is that all I need plus the e-mails I will be sending requesting my refund or deduction from the coming rent?

 

[PayrollHRGuy]

As for the cable television, I am not technically savvy enough to see exactly how it is set up. I can tell you that there is a Samsung monitor and a cable box. Under the desk there are a few cords all connected to what looks like a splitter.

So what you are saying is that there is maybe a cable connection you just don't know how to use it?

 

[hardenaz]

No, what I am saying is that I don’t know how he has the cable television service set up. I do know from speaking with the cable company is that there has been no cable television service in my unit since 2017. Now, given that he has charged me for cable for the months of April through June and all the while no cable television service was activated in my apartment, I wouldn’t be surprised if he collected $30 a month for years from prior tenants who also felt forced to pay for the cable television and never turned on to see if it was even activated.

I don’t watch television, but a friend of mine came to visit and tried to watch it. That’s how I found out that not only was there no service, but after calling customer service there was no service since 2017.

Since I don’t watch television, I don’t want to pay for it especially if there is no service anyway. I just want to make sure I have all the proof I need in case I have to go to court

 

[Zigner]

No, what I am saying is that I don’t know how he has the cable television service set up.

Maybe I missed it...but when you asked the landlord how to use the cable, what did he say?

 

[AlmostThere]

Why don't you start by talking to your landlord?

 

[PayrollHRGuy]

Since I don’t watch television, I don’t want to pay for it...

Then you shouldn't have agreed to pay for it in the first place. At this point, I'd ask the LL where the cable service you paid for is.