Can a Landlord Change the Locks to Evict a Tenant in California?
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No — a landlord cannot legally change the locks to force out a tenant in California. This is called a “self-help eviction” or “lockout,” and it is illegal regardless of whether the tenant is paying rent. Changing the locks, removing the tenant’s belongings, or shutting off utilities to pressure a tenant to leave are all violations of California Civil Code § 789.3 and can expose the landlord to significant civil liability.
What Is a Self-Help Eviction?
A self-help eviction is any action a landlord takes to remove a tenant from a rental unit without going through the court process. This includes changing locks, removing doors or windows, turning off heat, water, or electricity, removing the tenant’s personal belongings, or physically threatening or intimidating the tenant to leave. California courts take these violations seriously and have consistently ruled against landlords who attempt them.
What Are the Penalties for an Illegal Lockout?
Under California Civil Code § 789.3, a landlord who engages in a self-help eviction can be held liable for the tenant’s actual damages plus statutory penalties of $100 per day for each day the violation continues, with a minimum of $250. Courts can also award attorney’s fees to the tenant. In practice, an illegal lockout that lasts a week could cost a landlord $700 in statutory penalties alone — plus damages and legal fees on top of that.
What Happens if a Tenant Calls the Police?
Police in California are generally required to assist a tenant who has been illegally locked out of their home. Officers can require the landlord to immediately restore access and may cite the landlord for violating the tenant’s right to possession. The tenant can then pursue civil damages in small claims or superior court.
The Legal Way to Remove a Tenant
The only legal way to remove a tenant in California is through the unlawful detainer process: serve the appropriate notice, wait for the notice period to expire, file a lawsuit, obtain a court judgment, and then have the county sheriff execute a Writ of Possession. Only the sheriff has the legal authority to physically remove a tenant who refuses to leave after a court judgment.
What About Abandoned Property?
If a tenant has clearly vacated but left belongings behind, California law requires landlords to follow specific abandoned property procedures before disposing of anything. Failing to do so — even after the tenant is clearly gone — can create additional liability.
Doing it right the first time protects you legally and gets your property back faster. Call or text 951 Evictions at (951) 580-0388 — we handle the entire eviction process for landlords in Riverside and San Bernardino County.
Frequently Asked Questions
Can a landlord legally change the locks to evict a tenant in California?
No. Under California Civil Code § 789.3, a landlord may not change, alter, or remove locks to lock out a tenant as a means of eviction. The only legal method to remove a tenant is through the court-supervised unlawful detainer process.
What is the penalty for an illegal lockout in California?
California law allows a tenant who is illegally locked out to recover actual damages, punitive damages of $100 per day for each day the lockout continues (minimum $250), and attorney fees. Courts take self-help evictions very seriously and routinely award significant damages.
What can a tenant do if they are illegally locked out in California?
A tenant who is illegally locked out can contact local police (it may be a civil matter, but some departments respond), file an emergency motion for injunctive relief in Superior Court to regain possession immediately, and pursue a civil lawsuit for damages under Civil Code § 789.3.