Can a Landlord Evict Without a Court Order in California? Lockouts and Utility Shutoffs

By the FigureMyTax Editorial Team · How we calculate

A California landlord who locks a tenant out, cuts off a utility or removes belongings to end an occupancy breaks the law. Here is what the statute says the tenant can recover and how a lawful eviction ends.

Can a California landlord change the locks or shut off utilities?

No. A landlord shall not, with intent to terminate the occupancy, willfully interrupt or terminate any utility service furnished the tenant, including water, heat, light, electricity, gas, telephone, elevator or refrigeration, whether or not the service is under the landlord’s control (Cal. Civ. Code 789.3(a)). It also may not, with intent to terminate the occupancy, willfully prevent the tenant from gaining reasonable access by changing the locks or using a bootlock, remove outside doors or windows, or remove the tenant’s personal property or furnishings without the tenant’s prior written consent, except under the abandoned property procedure (789.3(b)).

What can the tenant recover?

The landlord is liable in a civil action for the tenant’s actual damages and an amount not to exceed $100 for each day or part of a day the landlord remains in violation, with a minimum award of $250 for each separate cause of action. Subsequent or repeated violations not committed contemporaneously are separate causes of action with separate awards (789.3(c)).

Who pays attorney fees?

The court shall award reasonable attorney’s fees to the prevailing party in an action under the section, and the tenant may seek injunctive relief to prevent continuing or further violation while the action is pending. The remedy is not exclusive: the tenant can pursue any other remedy under other law (789.3(d)).

Is a lawful eviction different?

Yes. The section does not prevent the lawful eviction of a tenant by appropriate legal authorities. A lawful eviction means a notice, an unlawful detainer judgment and a writ of possession executed by the levying officer, who gives the occupants five days from service of the writ to vacate (CCP 715.020). See the writ of possession in California.

What about belongings after the tenancy?

A landlord may not remove personal property without written consent, except under the abandoned property procedure of Civil Code 1980 and following. After a writ is executed, the writ states that personal property remaining will be sold or disposed of under Code of Civil Procedure 1174 unless the owner pays the reasonable cost of storage and takes the property within 15 days (CCP 715.010(b)(3)).

What should a tenant do after a lockout?

Write down the date and time, take photographs, keep any notice or messages, and contact a licensed California attorney, legal aid or the superior court clerk promptly. Records of the date the violation began matter because the daily amount runs for each day or part of a day the landlord remains in violation. Use the California eviction notice calculator to check whether the landlord’s notice period had ended.

What a landlord should do instead

Serve a written notice that fits the reason, wait for the period to run, file an unlawful detainer, serve the summons and complaint, and obtain a judgment and a writ executed by the levying officer. The California eviction timeline calculator shows the earliest dates for each step.

Evidence a tenant should keep

Keep the lease, rent receipts, any notice, photographs of changed locks or removed doors, messages with the landlord, utility bills and the names of witnesses, and write down the date and time the interruption began. Because the daily amount runs for each day or part of a day, a clear start date matters.

Frequently asked questions

Official sources

• Cal. Civ. Code 789.3: utility interruption and lockouts
• Cal. Code Civ. Proc. 715.020: executing the writ of possession
• Cal. Code Civ. Proc. 715.010: writ of possession contents

This is general information, not legal advice. It is based on the cited California statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed California attorney.