Self-Help Eviction Is Illegal in California: What to Do When Your Landlord Changes the Locks

California Tenant Defense System | Justice Foundation

In California, a landlord cannot remove a tenant from a rental unit except through the court eviction process. Changing the locks, removing the tenant’s belongings, shutting off utilities, or any other action designed to force a tenant out without going through the legal process is illegal — called “self-help eviction” — and carries severe penalties. If your landlord has taken any of these actions, you have immediate remedies.

What Is Self-Help Eviction

Self-help eviction is any action by a landlord designed to force a tenant to vacate without following the legal unlawful detainer process. It includes: changing or re-keying the locks, removing the tenant’s personal property from the unit, removing doors, windows, or appliances to make the unit uninhabitable, shutting off electricity, gas, water, or other utilities, and physically removing the tenant through force or threats of force. Each of these actions is separately prohibited under California law and carries independent civil liability.

Your Immediate Remedies

If your landlord locks you out or removes your property, you can apply for emergency relief from the superior court — a temporary restraining order (TRO) requiring the landlord to restore your access and return your property. California Code of Civil Procedure Section 1159 provides that a tenant who has been dispossessed through self-help can recover possession through an unlawful detainer action of their own (tenant vs. landlord). Emergency TRO applications can be heard the same day they are filed in genuine emergencies.

Damages for Self-Help Eviction

California Civil Code Section 789.3 provides specific damages for illegal lockouts and utility shutoffs: $100 per day for each day the tenant is deprived of possession or utilities, with a minimum of $250. In addition to statutory damages, you can recover actual damages (emergency housing costs, damaged property, lost items) and attorney’s fees. Courts have also awarded punitive damages for particularly egregious self-help evictions. The Justice Foundation kit includes emergency TRO application forms and the Section 789.3 damages demand letter templates.