Locked out or utilities shut off by your landlord in California

What the landlord may not do

Civil Code § 789.3 prohibits a landlord from willfully causing an interruption or termination of utilities that the landlord supplies, such as water, heat, light, electricity, gas, telephone, elevator or refrigeration, with the intent to end the tenancy. It also prohibits changing or adding locks to keep you out, removing outside doors or windows, and removing your belongings from the unit, unless the property has been lawfully abandoned or the landlord has a court judgment and is acting through the sheriff.

These rules apply even when you are behind on rent, even after a 3-day notice expires and even if the lease says otherwise. A landlord who wants you to leave must go to court with an unlawful detainer case. Short interruptions for necessary repairs or emergencies are a different matter.

What a tenant can recover

A tenant whose rights under § 789.3 are violated can sue for actual damages, such as hotel costs, spoiled food and replaced belongings, and for statutory damages for each day or part of a day the violation continues, with a minimum amount for each separate violation. The court may also award reasonable attorney's fees to the winning party. A court can also order the landlord to restore access or service.

Other laws may apply as well. Civil Code § 1940.2 prohibits certain kinds of harassment intended to make a tenant leave, and some cities have their own anti-harassment ordinances with additional remedies.

What to do right away

Stay calm and keep yourself safe. Take photos or videos of the changed lock, the removed door or the dead meter, and write down the date and time. Ask the landlord in writing, by text or email, to restore access or service immediately. Many police departments will respond to an illegal lockout, especially if you have proof that you live there, such as a lease, mail or ID with the address.

If the landlord pays for the utilities and the utility company has sent a shutoff notice because the landlord did not pay, California law generally requires the utility to notify tenants and may let tenants keep service. Call the utility directly and tell them you are a tenant.

• Gather proof that you live in the unit: lease, rent receipts, mail or ID.
• Document the lockout or shutoff with dates, photos and witnesses.
• Contact law enforcement, a legal aid office or an attorney the same day if possible.
• Keep receipts for every extra cost, such as a hotel or meals.

How a lawful eviction works instead

A lawful eviction starts with a written notice, then an unlawful detainer lawsuit, a chance for the tenant to respond and, if the landlord wins, a writ of possession. The sheriff posts a final notice before removing the tenant. If you receive court papers, respond on time: a lockout claim does not replace your Answer in the eviction case, although the facts may be relevant to your defense.