Self-help eviction is illegal, and expensive for the landlord.
CC § 789.3 mandates minimum $100/day statutory damages plus actual damages and attorney fees. Document everything.
California law gives tenants strong protection against landlord self-help. The only legal path to remove a tenant is through unlawful detainer in court, followed by a sheriff lockout. A landlord who skips that process, changing locks, shutting off utilities, removing belongings, threatening or harassing, is in violation of multiple statutes and exposed to substantial damages.
Civil Code § 789.3 prohibits lockouts and utility shutoffs and authorizes $100/day minimum statutory damages plus actual damages and attorney fees. CC § 1940.2 prohibits landlord harassment. CC § 1942.5 covers retaliatory conduct. Penal Code § 418 makes lockout a misdemeanor. Penal Code § 602 covers trespass by landlord. Local ordinances (LA City Tenant Anti-Harassment Ordinance) layer on additional remedies.
We only represent tenants. Illegal-conduct claims have real teeth, we have used them to recover damages, restore possession, and sometimes turn what started as an eviction into a tenant counterclaim that ends with the tenant whole and the landlord paying.
Quick Answer
California Civil Code § 789.3 prohibits landlord self-help, changing locks, removing belongings, shutting off utilities, or otherwise excluding the tenant from the premises without going through unlawful detainer. Statutory damages are at least $100 per day per violation, plus actual damages and attorney fees. CC § 1940.2 prohibits harassment by force, fraud, or threats. CC § 1942.5 covers retaliation. PC § 418 makes self-help a misdemeanor. Document everything and act quickly.
Key Takeaways
- CC § 789.3, landlord cannot change locks, remove personal property, shut off utilities, or otherwise exclude tenant without UD + sheriff.
- $100 minimum per day statutory damages plus actual damages plus attorney fees (CC § 789.3(c)).
- CC § 1940.2, prohibits force, fraud, threats, or interference with quiet enjoyment.
- CC § 1942.5, anti-retaliation, 180-day presumption applies.
- PC § 418, self-help eviction is a misdemeanor.
- LA City TAHO (LAMC §§ 45.30 et seq.) — adds local civil penalties + private right of action.
- A tenant locked out can apply for an emergency restraining order to compel re-entry.
- Document with photos, video, witness names, certified-mail letters, preserve everything.
What counts as illegal self-help
- Changing the locks while the tenant is out (the most common).
- Removing the tenant’s belongings from the unit.
- Putting belongings on the curb.
- Shutting off electricity, gas, water, or other utilities to force the tenant out.
- Removing doors or windows.
- Pulling out appliances (fridge, stove).
- Boarding up windows.
- Letting the tenant in but then locking them out again.
- Refusing to give a key after a reasonable request.
- Verbal threats or harassment intended to drive the tenant out.
Damages under CC § 789.3
CC § 789.3(c) provides:
- Actual damages (hotel costs, food expenses, lost wages, value of damaged or missing property).
- Statutory damages of $100/day for each day the violation continues, minimum $250 even for a single-day violation.
- Reasonable attorney fees and costs.
- Injunctive relief, court order compelling re-entry and restoration of utilities.
The damages stack. A 30-day utility shutoff plus 10-day lockout exposes the landlord to at least $4,000 in statutory damages plus actual harm plus fees. Cases in the $25,000–$100,000+ range are not unusual when conduct was sustained or particularly egregious.
Emergency court relief
A locked-out tenant can seek an immediate TRO compelling the landlord to restore possession. The application can be filed ex parte with a declaration of the lockout and a request for emergency relief. In many counties, the TRO issues the same day or within 1-2 days.
Criminal exposure for the landlord
Penal Code § 418 makes self-help eviction a misdemeanor punishable by up to 6 months in county jail. Penal Code § 602 covers trespass by the landlord into the rented premises. Police involvement varies by jurisdiction, LAPD generally does not arrest but will document, which strengthens the civil case.
LA City Tenant Anti-Harassment Ordinance (TAHO)
LAMC §§ 45.30 et seq. (effective 2021, amended since) prohibits a complete list of landlord harassment conduct in the City of LA. TAHO covers lockouts, utility interference, threats, repeated entries, removal of services, fraud, intimidation, and more. Remedies include civil penalties up to $10,000 per violation, treble damages for elderly/disabled victims, and attorney fees. See our dedicated TAHO page.
What to do right now if you’ve been locked out or had utilities shut off
- Document the date and time. Photos, video, time-stamped messages.
- Get witness names. Neighbors, repair workers, family.
- Call the utility companies. Confirm whether service was shut off by the landlord or for nonpayment by the tenant.
- Call the police. File a report. Don’t expect arrest but get a report number.
- Send a written demand. Email, text, certified mail demanding restoration of possession and utilities, with statutory citations.
- Preserve everything. Don’t pay to break in. Don’t damage the door. Get counsel and apply for a TRO.
- Inventory your belongings. If property is missing or damaged, list it with values.
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