Cal. Civ. Code § 1.3
Tenant remedies and burdens of proof
Operative Text
Tenant remedies and burdens of proof. (a) A residential tenant shall be entitled to recover damages from the landlord for the utility bills rendered in the tenant's name as a result of the landlord's violation of this Act and which the landlord has not paid to the utility company. The tenant shall have the burden of establishing that the tenant was billed for utility service as a result of the landlord's violation of this Act. Upon proof by the tenant that the tenant was billed an amount for service not attributable to the unit or premises occupied by the tenant, the landlord shall be liable to the tenant for 100% of those utility bills. However, this sum shall be reduced by whatever percentage of use that the court finds that the landlord has established to have been attributable to the unit or premises the tenant occupied during the period that the violation continued. The tenant may recover these damages by an action at law or by a counterclaim in any action brought by the landlord against the tenant. The court may treble the damage award when the court finds that the landlord's violation of this Act was knowing or intentional. The tenant may also recover costs and fees, including attorneys fees, if the amount awarded by the court for utility service is in excess of $3,000. The remedies contained in this Act do not limit or supersede any remedies the tenant may have under a lease, contract, or the laws, including the common law, of this State. (b) This Section shall be prospective in application; the remedies shall not attach to any violation that occurred before July 1, 1992. (c) Nothing in this Section affects the relationship between a utility company and its customers.
Under 765 Ill. Comp. Stat. 735 § 1.3, when a landlord violates the Act by causing utility bills to be issued in a tenant's name for service not attributable to the tenant's unit, the landlord is liable for the full amount of those bills. That liability can be reduced only to the extent a court finds that some portion of the utility use was actually attributable to the tenant's unit. If a court determines the landlord's violation was knowing or intentional, it may triple the damages awarded; and if the court award exceeds $3,000, the tenant may also recover court costs and attorney's fees. These remedies apply only to violations occurring on or after July 1, 1992, and they exist alongside—not instead of—any other remedies available under a lease, contract, or Illinois law.
Plain English — not legal advice.
Operators subject to 765 Ill. Comp. Stat. 735 § 1.3 generally ensure that utility accounts are structured so that tenants are never billed for service that is not attributable to their own unit or premises. Compliant property managers keep clear records of utility account assignments and promptly correct any billing arrangement that inadvertently charges a tenant for shared or non-unit usage. Because courts may treble damages when a violation is found to be knowing or intentional, maintaining transparent and well-documented utility billing practices is a core part of ongoing compliance under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 1.3 of 765 Ill. Comp. Stat. 735 gives residential tenants the right to recover the full amount of utility bills they were charged for service not attributable to their own unit, with the landlord bearing the burden of proving any reduction based on actual use. A tenant can pursue these damages either by filing an independent action at law or by raising the claim as a counterclaim if the landlord has already brought a lawsuit against the tenant. Tenants who believe they have been overbilled for utility service may wish to document their bills and consult a tenant-rights organization or legal aid provider to understand the full range of remedies available under this provision and other applicable Illinois law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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