Robert A. Bouvatte
Landlord–Tenant · Tumwater · Non-California County
Bar #326708 · Admitted 2019
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Indexed from official State Bar of California records · Identity verification · Updated regularly
Answer FileLandlord–Tenant
No. Self-help eviction is illegal in California: Civil Code section 789.3 forbids a landlord from changing locks, removing doors or belongings, or cutting utilities to force a tenant out, with liability for actual damages plus one hundred dollars per day of violation. Only the sheriff, after a court judgment, may remove a tenant.
California allows only one path to recover possession from a tenant who has not left voluntarily: an unlawful detainer judgment enforced by the sheriff. Civil Code section 789.3 makes self-help eviction unlawful; a landlord may not terminate or interrupt utilities like water, heat, electricity, or internet with intent to force a tenant out, and may not change the locks, remove outside doors or windows, or take the tenant's property. The penalties are built for deterrence: the tenant may recover actual damages plus one hundred dollars for each day the violation continues, with a statutory minimum per violation, plus attorney fees. Related protections reach subtler pressure: Civil Code section 1940.2 prohibits theft, extortion, menacing conduct, and other tactics used to influence a tenant to vacate. A tenant who is locked out can seek an emergency court order restoring possession and should document everything: photographs, utility records, and witness information. Police often treat lockouts as civil matters, so the paper trail is what wins.
Authority: Cal. Civ. Code § 789.3
Source: Cal. Civ. Code § 789.3 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.
Landlord–Tenant · Tumwater · Non-California County
Bar #326708 · Admitted 2019
Identity verified · View the record →
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