California Civil Code 789.3 makes it illegal for a landlord to force a tenant out by shutting off utilities, changing locks, removing doors or windows, or taking the tenant’s belongings. A landlord who does any of these things owes the tenant actual damages plus up to $100 for every day the violation continues, with a guaranteed minimum of $250 per violation, and the court must award attorney fees to whichever side wins.1California Legislative Information. California Civil Code 789.3
What the Statute Prohibits
The law targets four specific landlord actions, all sharing the same problem: the landlord is trying to end the tenancy without going through court.
- Interrupting or cutting off any utility service to the tenant. The statute lists water, heat, light, electricity, gas, telephone, elevator service, and refrigeration, and it applies whether or not the landlord controls the account.
- Changing the locks, installing a bootlock, or using any other method that blocks the tenant from reasonably accessing the unit.
- Removing outside doors or windows.
- Removing the tenant’s personal property or furnishings from the unit without the tenant’s written consent, unless the landlord is following the separate legal process for handling belongings after a tenancy has actually ended.
These are self-help tactics, and California treats them as illegal shortcuts around the eviction process.
When the Law Actually Applies
Not every utility outage or lock change triggers liability. Section 789.3 requires two things at once: the landlord acted willfully, and the landlord’s purpose was to end the tenancy. A pipe bursting overnight is not a violation. A landlord changing locks on a unit that has been lawfully vacated is not a violation. The question in every case is whether the landlord deliberately took the action to drive the tenant out or punish them for staying.1California Legislative Information. California Civil Code 789.3
Timing is often the clearest evidence. A landlord who shuts off the water two days after the tenant reports a code violation, or who changes the locks the morning after a rent argument, has a hard time explaining the action as innocent. A landlord who can show the utility company cut service over an unpaid bill has a straightforward defense, because the interruption was not the landlord’s willful act.
What a Tenant Can Recover
A tenant harmed by a violation can sue for three types of compensation.
Actual damages. These are the real, out-of-pocket costs caused by the landlord’s conduct. Hotel bills after a lockout, spoiled groceries from a power shutoff, meals eaten out because the gas was cut, replacement clothing you had to buy because your belongings were removed — anything you can tie to a receipt or a documented loss.
Statutory damages. On top of actual damages, the court can award up to $100 for each day, or partial day, that the violation continues. There is a floor of $250 per separate cause of action even if the violation lasted less than three days. A landlord who shuts off the water and changes the locks on the same day faces two separate minimum awards, because those are two distinct violations.
Attorney fees. The statute requires the court to award reasonable attorney fees to whichever side prevails. For tenants, this matters because it makes the case worth taking for a private lawyer, since the landlord will pay the fees if the tenant wins.
The statute also allows a tenant to seek injunctive relief while the case is pending. A court can order the landlord to turn the utilities back on or restore access to the unit immediately, without the tenant waiting months for a trial.1California Legislative Information. California Civil Code 789.3
Repeat Violations Do Not Merge
Repeated or later violations that are not part of the same original incident count as separate causes of action. Each carries its own $250 minimum and its own daily penalty calculation. A landlord who cuts the electricity, restores it after a complaint, then cuts it again a week later is not on one continuous tally — that is two violations, and the damages are calculated separately for each.1California Legislative Information. California Civil Code 789.3
Other Remedies Still Available
Section 789.3 says its remedies are not exclusive. A tenant can pursue other claims alongside it, such as a habitability claim, a code enforcement complaint, or a claim under other consumer protection statutes. That flexibility matters when the lockout or shutoff is part of a broader pattern of harassment.
What to Do If Your Landlord Does This
Knowing the law only helps if you know how to enforce it. A few practical steps make the difference between a strong case and a weak one.
Document Before You Do Anything Else
Photograph the changed locks, the missing door, or the dark unit with no power. Save text messages and emails where your landlord talks about the situation. Write down the exact date and time each violation started. Keep every receipt for hotel stays, meals, and replacement items. This is the record that turns a complaint into a winning case.
Demand Restoration in Writing
Send your landlord a written demand to restore utilities, return your access, or reinstall the doors. A text or email is fine. You want a written record showing you notified them, and each day they fail to act is another day of statutory damages accruing.
Pick the Right Court
If your total damages are $12,500 or less, small claims court is faster and does not require a lawyer.2California Courts Self Help. Deciding Between Small Claims and Limited Civil For larger amounts, or if you need an immediate court order restoring access, you file a limited or unlimited civil case with an attorney. Because the fee-shifting provision covers the winner, lawyers can and do take these cases with the expectation that the landlord will pay if the tenant prevails.
Report the Landlord
You can also report the conduct to your local housing authority or code enforcement office. Those agencies cannot award you money, but they can cite the landlord and apply pressure, and their findings can support your case in court.
If the Landlord Claims You Abandoned the Unit
Landlords sometimes justify a lockout or a cleared-out unit by saying they believed the tenant had abandoned the place. California does not leave that call to the landlord’s gut. Civil Code 1951.3 lays out the only procedure a landlord can use.
Rent must have been due and unpaid for at least 14 consecutive days, and the landlord must reasonably believe the tenant has left. Only then can the landlord serve a Notice of Belief of Abandonment, either in person or by first-class mail. The notice must give the tenant a deadline to respond: at least 15 days after personal delivery, or 18 days after mailing.3California Legislative Information. California Civil Code 1951.3
If the tenant writes back saying they have not abandoned the unit, the landlord cannot proceed. If the tenant does not respond by the deadline, the lease terminates and the landlord can retake possession. Until that process finishes, changing the locks or clearing the unit is a 789.3 violation, no matter what the landlord “believed.”
Retaliation Is Often the Real Motive
Many 789.3 violations happen right after a tenant does something the landlord dislikes: reporting a code violation, complaining about habitability, or joining a tenants’ organization. California Civil Code 1942.5 separately prohibits landlord retaliation and creates a legal presumption of retaliation when the landlord acts within 180 days of the tenant exercising a protected right.4California Legislative Information. California Civil Code 1942.5
Protected activities include reporting habitability problems to the landlord or a government agency, filing a complaint about living conditions, and participating in a tenants’ rights group. During the 180-day window, the landlord cannot raise rent, cut services, or take steps to push the tenant out. Threatening to report a tenant to immigration authorities is specifically listed as a form of prohibited retaliation.
When the retaliation takes the form of a lockout or shutoff, both statutes apply. You can sue under 789.3 for the illegal act itself and raise retaliation as an additional claim, or as a defense if the landlord later tries to evict.