Utility Shutoffs by Landlords: California Law and Emergency Remedies

California Tenant Defense System | Justice Foundation

Shutting off a tenant’s utilities — electricity, gas, water, heat — without a court order is illegal self-help eviction in California, one of the clearest and most serious violations a landlord can commit. If your landlord has cut off your utilities or threatened to do so, you have immediate legal remedies and the landlord faces significant liability.

The Law: Civil Code 789.3

California Civil Code Section 789.3 specifically prohibits landlords from interrupting, terminating, or failing to provide utility service to a tenant for the purpose of causing the tenant to vacate or as retaliation. The prohibition applies regardless of whether the landlord pays the utilities directly or the utilities are in the tenant’s name but controlled by the landlord. It applies to electricity, gas, heat, water, and any other essential service.

Damages for Illegal Utility Shutoffs

The penalty for violating Civil Code 789.3 is severe: actual damages plus $100 per day for each day the utilities remain shut off, with a minimum penalty of $250 regardless of duration. These statutory damages are per violation, per day — they accumulate rapidly. A landlord who shuts off your heat in December for two weeks has accrued at least $1,400 in statutory damages plus your actual damages (hotel costs, ruined food, additional clothing, medical expenses if cold-related health issues arise), plus punitive damages and attorney’s fees.

Emergency Remedies

If your landlord shuts off utilities, you have emergency legal options available immediately. Contact your utility company — they can reconnect service if you’re the account holder and demonstrate the shutoff was not for non-payment of a bill. File an emergency application with the superior court for an immediate temporary restraining order (TRO) requiring the landlord to restore service. Courts take utility shutoff TROs seriously and typically issue them quickly when the facts are clear. Contact local code enforcement — utility shutoffs are typically building code violations that code enforcement can address with citations requiring immediate restoration.

Documenting the Shutoff

Document everything the moment it happens: the date and time utilities went off, any communications from the landlord threatening or acknowledging the shutoff, photographs, and any receipts for expenses you incur as a result. The Justice Foundation kit includes the TRO application for utility restoration and the damage calculation worksheet for Civil Code 789.3 claims.