Cal. Civ. Code § 2.1
Tenant damages
Operative Text
Tenant damages. (a) A landlord's violation of Section 1.4 entitles the residential tenant to damages from the landlord in the amount of a 100% abatement of the rental obligation for each month, and prorated for each part of a month, that the utility service was terminated and to consequential damages. The tenant has a duty to mitigate damages. (b) When utility service is terminated as a result of the landlord's violation of Section 1.4 under circumstances demonstrating the landlord's deliberate or reckless indifference or wilful disregard for the rights of the tenants, or bad faith, the court may additionally award each affected residential tenant in the building statutory damages up to $300 each or the sum of $5,000 divided by the number of affected tenants, whichever is less.
Under 765 Ill. Comp. Stat. 735 § 2.1, when a landlord unlawfully causes a utility service to be terminated in violation of Section 1.4, the affected residential tenant is entitled to a full (100%) abatement of rent for every month—and proportionally for any partial month—that the utility remains off, plus any consequential damages that flow from the loss of service. The tenant is required to take reasonable steps to limit those damages. In cases where the termination reflects deliberate, reckless, or bad-faith conduct by the landlord, a court may also award each affected tenant statutory damages of up to $300 per tenant or $5,000 divided by the number of affected tenants, whichever is the smaller amount.
Plain English — not legal advice.
Operators subject to 765 Ill. Comp. Stat. 735 § 2.1 should understand that any utility termination found to violate Section 1.4 exposes them to a complete rent abatement for the affected period, consequential damages, and—if the conduct is found to be deliberate, reckless, or in bad faith—additional court-awarded statutory damages. Compliant property managers maintain uninterrupted utility service and promptly resolve any billing or service issues to avoid triggering these liability provisions. Keeping clear records of utility account status and communications with service providers is a practice commonly associated with responsible property management under this statute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 2.1 of 765 Ill. Comp. Stat. 735 gives residential tenants the right to seek a full rent abatement for each month a utility was unlawfully shut off under Section 1.4, along with consequential damages, though tenants are expected to take reasonable steps to reduce their own losses. If the shutoff was the result of the landlord's deliberate, reckless, or bad-faith conduct, a court may award additional statutory damages on top of the abatement. Tenants who believe their rights under § 2.1 have been violated may consider consulting a tenant-rights organization, a legal aid office, or a private attorney to understand the options available to them.
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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