Tenant Illegal Lockout Self Help Eviction Demand Letters
Illegal Lockout & Self-Help Eviction Demand Letters
California Civil Code § 789.3 Protections Against Illegal Eviction
California’s Ban on Self-Help Eviction
Illegal Lockout = Automatic Damages: California Civil Code § 789.3 makes it illegal for landlords to lock out tenants, shut off utilities, or remove tenants’ property without a court order. Violations result in statutory penalties of up to $100 per day (minimum $250), plus actual damages, attorney fees, and potential punitive damages.
Civil Code § 789.3 Prohibits Self-Help Eviction
A landlord cannot evict a tenant or force a tenant to vacate by:
- Locking out the tenant: Changing locks, removing keys, blocking access to the unit
- Shutting off utilities: Cutting off electricity, gas, water, or heat
- Removing tenant’s property: Taking furniture, belongings, or possessions from the unit
- Removing doors or windows: Removing essential parts of the dwelling to make it uninhabitable
- Preventing access: Blocking driveways, removing stairs, or otherwise preventing entry
Only Legal Eviction Method: California law requires landlords to follow the formal unlawful detainer (eviction) process: serve proper notice (3-day, 30-day, 60-day, or 90-day depending on the situation), file a lawsuit, obtain a court judgment, and have the sheriff physically remove the tenant. Any shortcut is illegal.
Elements of an Illegal Lockout Claim
To prove a violation of Civil Code § 789.3, you must show:
- You were a lawful tenant (had a lease or rental agreement, or were a month-to-month tenant)
- The landlord intentionally prevented you from accessing your rental unit OR shut off utilities OR removed your property
- The landlord’s intent was to force you to vacate or terminate your tenancy
- You suffered damages as a result (cost of hotel, replacement belongings, lost wages, emotional distress)
Statutory Damages (Automatic Penalties)
Civil Code § 789.3(c) provides for statutory damages without proof of actual harm:
- $100 per day for each day the lockout or utility shutoff continues
- Minimum $250 statutory damages even if the lockout lasts less than 3 days
- Actual damages (hotel bills, replacement property, lost wages, emotional distress, property damage)
- Attorney fees if you sue and prevail
- Punitive damages if the landlord’s conduct was willful, malicious, or fraudulent
AB 2343 (2024) – Enhanced Protections
Recent amendments strengthen tenant protections:
- Clarifies that partial lockouts (blocking one entrance while leaving another open) still violate § 789.3
- Prohibits “constructive lockouts” (e.g., landlord intimidation, threats, or harassment designed to force tenant out)
- Increases penalties for repeat violators
Criminal Penalties
Illegal lockouts may also violate California Penal Code § 418, which makes it a misdemeanor to use force or threats to prevent someone from peacefully occupying property they have a legal right to possess. Landlords can face criminal prosecution in addition to civil liability.
⚠️ Emergency Situations: Even in emergencies (fire, flood, building code violations requiring immediate vacating), landlords must work with local authorities (fire marshal, code enforcement) and cannot unilaterally lock out tenants or seize their property. Tenants retain rights to retrieve belongings and receive relocation assistance.
What Constitutes Illegal Lockout or Self-Help Eviction?
1. Physical Lockout
- Changed locks: Landlord changes the locks on doors without providing the tenant with new keys
- Added locks: Installing padlocks, deadbolts, or chains that prevent tenant from entering
- Blocked access: Parking vehicles in front of the only entrance, boarding up doors/windows
- Removed keys: Taking the tenant’s keys while they’re away and refusing to return them
- Gate/fence lockout: In complexes with controlled access, changing gate codes or deactivating tenant’s key fob
2. Utility Shutoff
- Electricity: Turning off power at the breaker or canceling utility account
- Gas: Shutting off gas supply to the unit
- Water: Turning off water to the unit or building
- Heat: Disabling heating systems during cold weather
- Trash service: Removing trash bins or preventing trash collection
⚠️ Even Partial Shutoffs Are Illegal: Reducing water pressure, intermittent power outages, or shutting off utilities “for maintenance” for extended periods can constitute illegal self-help eviction if done to harass or force out tenants.
3. Removal of Tenant Property
- Physical removal: Taking furniture, clothing, electronics, or personal items out of the unit and placing them in storage, on the curb, or in dumpsters
- Seizing possessions: Holding tenant’s property “hostage” until rent is paid
- Refusing access to belongings: Allowing tenant to enter but not allowing them to remove their possessions
4. Removal of Essential Unit Features
- Removing doors (entry doors, bedroom doors, bathroom doors)
- Removing windows or window panes
- Dismantling appliances (stove, refrigerator, water heater)
- Removing plumbing fixtures (toilets, sinks) to make unit unusable
5. Threats, Intimidation & Harassment
While not strictly “lockout,” the following conduct may constitute illegal harassment under Civil Code § 789.3 or related statutes:
- Verbal threats to physically remove tenant or their belongings
- Showing up at the unit with movers or locksmiths to intimidate tenant into leaving
- Repeatedly entering the unit without notice to harass or disturb the tenant
- Threatening to call immigration authorities or police to force tenant out
- Offering cash to leave immediately without following proper notice procedures
Common Scenarios Leading to Illegal Lockouts
| Scenario | Landlord’s Illegal Action |
|---|---|
| Tenant behind on rent | Landlord changes locks without serving 3-Day Notice or filing unlawful detainer |
| Lease expires | Landlord assumes tenant must leave immediately and locks them out without 30/60-day notice |
| Dispute over repairs | Landlord shuts off utilities in retaliation for tenant’s repair requests |
| Landlord wants to sell property | Landlord removes tenant’s belongings to prepare unit for sale |
| Unauthorized occupant | Landlord locks out person they believe is unauthorized, even if they have tenant’s permission |
It Doesn’t Matter If You’re Behind on Rent: Even if you owe rent, your landlord cannot lock you out or shut off utilities. The landlord must follow the formal eviction process. Illegal lockout gives you a defense and counterclaim in any eviction lawsuit.
How to Write Your Illegal Lockout Demand Letter
Step 1: Document the Lockout Immediately
Evidence is critical. Gather:
- Photos/Videos: Changed locks, boarded doors/windows, your belongings on the street, utility meter showing shutoff
- Timestamps: Note exact date and time you were locked out
- Witness Statements: Neighbors, friends, or family who saw the lockout or can confirm you lived there
- Text/Email Evidence: Any messages from landlord admitting they changed locks or shut off utilities
- Police Report: Call local police when you discover the lockout; they may restore access or document the incident
- Receipts: Hotel bills, replacement clothing, locksmith fees if you had to break in to retrieve belongings
⚠️ Call Police Immediately: When you discover you’ve been locked out, call local police non-emergency line. Explain you are a legal tenant and have been illegally locked out. Police may order landlord to restore access immediately. Even if they don’t, the police report creates an official record.
Step 2: Format Your Demand Letter
Urgent & Formal: Use subject line like “DEMAND FOR IMMEDIATE RESTORATION OF ACCESS – ILLEGAL LOCKOUT VIOLATION OF CIVIL CODE § 789.3.” Be factual, not emotional. State the violation, cite the statute, demand immediate restoration of access, and demand damages.
Step 3: Essential Components
| Component | What to Include |
|---|---|
| Header | Your name, prior address (the locked-out unit), current contact info; landlord’s name/address |
| Subject Line | “Demand for Immediate Restoration of Access – Illegal Lockout Under Civil Code § 789.3” |
| Statement of Facts | Date/time of lockout, what landlord did (changed locks, shut off power, etc.), your attempts to regain access |
| Legal Basis | Cite Civil Code § 789.3; explain that self-help eviction is illegal regardless of rent status |
| Immediate Demand | Demand restoration of access within 24 hours and return of all belongings |
| Damages Calculation | State statutory damages ($100/day, min $250), actual damages (hotel, replacement items, lost wages) |
| Deadline | Typically 24-48 hours for restoration; 10-14 days for settlement of damages |
| Consequences | State you will file lawsuit, seek punitive damages, report to code enforcement, and file police report if access not restored |
Step 4: Delivery
- Email + Certified Mail: Send immediately via email for urgency, then follow up with certified mail
- Hand Delivery: If possible, deliver in person and request signed receipt
- Text Message: If you have landlord’s cell, text as well to establish immediate notice
Step 5: Follow-Up Actions
If landlord does not restore access within 24-48 hours:
- File Police Report: Return to police station and request formal report; provide copy of demand letter
- File Code Enforcement Complaint: Report illegal lockout to city/county housing enforcement
- File Lawsuit: Sue in small claims (up to $10,000) or unlimited civil court for statutory damages, actual damages, punitive damages, and attorney fees
- Seek TRO: In urgent cases, request a temporary restraining order requiring landlord to restore access immediately
⚠️ Do Not Break In or Use Force: Even though you have the right to access your unit, breaking windows or forcing doors open can create legal complications (potential criminal charges, landlord counterclaims). Use legal process: police intervention, court orders, or supervised re-entry.
Sample Illegal Lockout Demand Letters
Sample 1: Complete Lockout (Changed Locks)
[Your Name]
[Current Address/Mailing Address]
[Phone]
[Email]
[Date]
[Landlord Name]
[Landlord Address]
SENT VIA EMAIL AND CERTIFIED MAIL
RE: DEMAND FOR IMMEDIATE RESTORATION OF ACCESS – ILLEGAL LOCKOUT
Violation of California Civil Code § 789.3
Property: [Rental Unit Address]
Dear [Landlord Name]:
I am writing to demand immediate restoration of access to my rental unit at [Address], from which you have illegally locked me out in violation of California Civil Code § 789.3.
FACTS:
On [Date] at approximately [Time], I returned to my rental unit and discovered that the locks had been changed. I was unable to enter the premises using my keys. I immediately called you at [Phone Number] and left a voicemail, and sent you a text message at [Time] demanding access. As of this writing, you have not responded and I remain locked out.
I have been a tenant at this property since [Date]. I am current on my rent [OR: I am behind on rent by $[Amount], but you have not served me with a 3-Day Notice to Pay Rent or Quit or filed an unlawful detainer action]. You have no legal right to lock me out of my home.
ILLEGAL LOCKOUT UNDER CIVIL CODE § 789.3:
California Civil Code § 789.3 makes it illegal for a landlord to prevent a tenant from gaining access to their rental unit by changing locks or using any other method, even if the tenant is behind on rent. The only legal way to evict a tenant in California is through the formal unlawful detainer court process.
Your actions constitute illegal self-help eviction. By locking me out without a court order, you have violated my statutory rights.
IMMEDIATE DEMAND:
I demand that you immediately restore my access to the rental unit by providing me with keys to the new locks or by restoring the original locks within 24 hours of receipt of this letter.
I further demand that you allow me full access to retrieve all of my personal property and belongings from the unit.
DAMAGES:
As a result of your illegal lockout, I have suffered the following damages:
• Hotel expenses: $[Amount] per night (ongoing)
• Lost wages: $[Amount] (missed work due to lack of access to work clothing/materials)
• Emotional distress
• Statutory damages: $100 per day under Civil Code § 789.3(c)
Civil Code § 789.3 entitles me to recover:
• Statutory damages of at least $250, or $100 per day for each day the lockout continues
• Actual damages (hotel costs, replacement belongings, lost wages, property damage)
• Attorney fees and costs
• Punitive damages if your conduct was willful or malicious
DEADLINE:
You must restore my access to the unit within 24 hours of receipt of this letter. If you fail to do so, I will immediately:
• File a lawsuit in [County] Superior Court seeking statutory damages, actual damages, punitive damages, and attorney fees
• File a police report and request criminal charges under Penal Code § 418
• File a complaint with [City] Code Enforcement
• Seek a temporary restraining order (TRO) requiring you to restore access
Additionally, I will pursue full damages for each day the lockout continues at the rate of $100 per day, as provided by statute.
DOCUMENTATION:
I have documented this illegal lockout with photographs, text messages, and witness statements. I called [City] Police Department on [Date] at [Time] and reported the lockout (report #[Number] if available).
I expect your immediate response confirming restoration of access. If I do not hear from you within 24 hours, I will proceed with legal action without further notice.
Sincerely,
[Your Signature]
[Your Printed Name]
Attachments:
– Photos of changed locks (dated [Date])
– Screenshot of text messages to landlord
– Police report (if available)
Sample 2: Utility Shutoff
[Your Name]
[Rental Unit Address]
[Phone]
[Email]
[Date]
[Landlord Name]
[Landlord Address]
RE: ILLEGAL UTILITY SHUTOFF – DEMAND FOR IMMEDIATE RESTORATION
Violation of Civil Code § 789.3
Property: [Rental Unit Address]
Dear [Landlord Name]:
I am writing to demand immediate restoration of electricity and water to my rental unit at [Address], which you have illegally shut off in violation of California Civil Code § 789.3.
FACTS:
On [Date] at approximately [Time], the electricity and water to my unit were shut off. I contacted you immediately via text message and phone call to report the outage. You responded by text stating, “[Quote landlord’s message, e.g., ‘utilities will be restored when you pay the rent you owe’].”
This confirms that you intentionally shut off utilities to force me to pay rent or vacate, which is illegal under California law.
I have been without electricity for [X] days and without water for [X] days. I have no way to refrigerate food, cook meals, charge my phone, use lights, flush toilets, or shower. I have been forced to stay with [friend/family] and have incurred costs for meals and alternative housing.
ILLEGAL SELF-HELP EVICTION:
Civil Code § 789.3(a)(2) explicitly prohibits landlords from preventing a tenant’s access to the property by “removing outside doors, locks, or windows, or removing appliances, furniture, or other items without the prior written consent of the tenant” or “by interrupting or causing the interruption of utility services, including gas, electricity, water, or telephone service.”
Even if I am behind on rent, you cannot shut off utilities to force me out. You must follow the legal eviction process.
DEMAND FOR IMMEDIATE RESTORATION:
I demand that you immediately restore full electricity and water service to my rental unit within 24 hours of receipt of this letter.
DAMAGES:
I have suffered the following damages as a result of your illegal conduct:
• Hotel expenses: $[Amount] (unable to remain in unit without utilities)
• Spoiled food: $[Amount] (refrigerator stopped working)
• Lost wages: $[Amount] (unable to work from home without electricity/internet)
• Emotional distress and inconvenience
• Statutory damages under Civil Code § 789.3
I am entitled to recover a minimum of $250 in statutory damages, or $100 for each day the utilities remain shut off, plus all actual damages, attorney fees, and punitive damages.
CONSEQUENCES:
If you do not restore utilities within 24 hours, I will:
• File a lawsuit seeking statutory damages ($100/day), actual damages, punitive damages, and attorney fees
• File a police report and request criminal prosecution
• File an emergency complaint with [City] Code Enforcement
• Seek a temporary restraining order (TRO) requiring immediate restoration of utilities
Additionally, each day the utilities remain shut off increases your liability by $100 per day.
I have documented the utility shutoff with photos of the electrical panel, communications with you admitting you shut off utilities, and receipts for expenses incurred.
Restore utilities immediately.
Sincerely,
[Your Signature]
[Your Printed Name]
CC: [City] Code Enforcement Department
Sample 3: Removal of Tenant Property
[Your Name]
[Current Contact Address]
[Phone]
[Email]
[Date]
[Landlord Name]
[Landlord Address]
RE: ILLEGAL REMOVAL OF TENANT PROPERTY – DEMAND FOR RETURN
Violation of Civil Code § 789.3
Property Removed From: [Rental Unit Address]
Dear [Landlord Name]:
I am writing to demand the immediate return of my personal property that you illegally removed from my rental unit at [Address] in violation of California Civil Code § 789.3.
FACTS:
On [Date], I left my rental unit at approximately [Time] to [run errands/go to work]. When I returned at [Time], I discovered that you had entered the unit and removed the following property:
• [List major items: furniture, electronics, clothing, documents, etc.]
My belongings were [placed on the curb/moved to storage/location unknown]. I immediately contacted you via [phone/text/email] and demanded the return of my property. You responded [quote response, e.g., “You can have your stuff back when you pay the rent” or “Your belongings are in storage and you’ll be charged for it”].
ILLEGAL SEIZURE OF TENANT PROPERTY:
Under California law, a landlord cannot remove a tenant’s belongings from the rental unit without a court order, even if the tenant is behind on rent or the lease has expired. Civil Code § 789.3 prohibits landlords from removing “personal property, furnishings, or any other items without the prior written consent of the tenant.”
The only legal method for a landlord to remove tenant property is to first obtain a judgment in an unlawful detainer (eviction) action, have the sheriff execute a writ of possession, and follow the statutory procedures for handling tenant property under Civil Code § 1174.
DEMAND FOR IMMEDIATE RETURN OF PROPERTY:
I demand that you immediately return all of my personal property to the rental unit or to an alternative location of my choosing within 24 hours of receipt of this letter. I demand full access to retrieve all belongings without restriction.
DAMAGES:
As a result of your illegal conduct, I have suffered the following damages:
• Value of property that was damaged, lost, or discarded: $[Amount]
• Replacement costs for essential items: $[Amount]
• Emotional distress
• Statutory damages under Civil Code § 789.3
Additionally, I am entitled to:
• Statutory damages of at least $250, or $100 per day for each day you withhold my property
• Actual damages (replacement costs, property damage)
• Punitive damages if your conduct was willful or malicious
• Attorney fees and costs
CONSEQUENCES:
If you do not return my property within 24 hours, I will:
• File a lawsuit for conversion, trespass, violation of Civil Code § 789.3, and seek statutory damages, actual damages, punitive damages, and attorney fees
• File a police report for theft of my property
• Seek a temporary restraining order (TRO) and court order requiring immediate return of my belongings
I have documented the removal of my property with photos taken before and after, witness statements from [neighbor/friend], and screenshots of your communications.
Return my property immediately.
Sincerely,
[Your Signature]
[Your Printed Name]
Remedies & Damages for Illegal Lockout
1. Statutory Damages (No Proof of Harm Required)
Automatic Penalties: Civil Code § 789.3(c) awards statutory damages even if you cannot prove actual financial harm. This makes illegal lockout claims very strong for tenants.
Statutory Damage Calculation:
- $100 per day for each day the lockout, utility shutoff, or property seizure continues
- Minimum $250 even if the violation lasts less than 3 days
- Damages begin accruing from the first day of the lockout and continue until access/utilities are fully restored
Example: Landlord locks you out on Monday. You send demand letter on Tuesday. Landlord restores access on Friday (4 days total). You are entitled to $400 statutory damages (4 days × $100), plus actual damages, plus attorney fees.
2. Actual Damages (Out-of-Pocket Losses)
You can recover all costs incurred as a result of the illegal lockout:
- Hotel/Temporary Housing: Nightly rates for hotel or Airbnb while locked out
- Lost Wages: Income lost due to inability to access work materials, uniforms, or inability to report to work
- Replacement Property: Cost of replacing clothing, toiletries, medications, or other necessities you couldn’t access
- Spoiled Food: Value of refrigerated/frozen food lost due to utility shutoff
- Property Damage: Damage to belongings from improper storage or exposure to weather
- Locksmith Fees: If you had to hire locksmith to regain entry
- Storage Fees: If landlord moved your property to storage and charged you
- Medical Expenses: Treatment for stress-related illness, anxiety, or health issues caused by lockout
Keep All Receipts: Save hotel bills, food receipts, pharmacy receipts, Uber/Lyft charges, and any other expenses incurred due to the lockout. These will be recovered as actual damages.
3. Emotional Distress Damages
California courts recognize that illegal lockouts cause significant emotional harm:
- Anxiety, stress, and fear from sudden homelessness
- Humiliation from being locked out in front of neighbors
- Loss of sense of security and privacy
- Disruption to daily life, work, and family
Emotional distress damages typically range from $1,000 to $10,000+ depending on severity and duration.
4. Punitive Damages
If the landlord’s conduct was willful, malicious, oppressive, or fraudulent, you may be awarded punitive damages designed to punish the landlord and deter future misconduct.
When Punitive Damages Apply:
- Landlord knowingly violated § 789.3 (e.g., admits in text “I changed the locks to force you out”)
- Landlord has pattern of illegal lockouts against multiple tenants
- Landlord ignored police orders to restore access
- Landlord destroyed or withheld essential property (medication, documents, children’s items)
Punitive damages can be substantial—often 3-10 times actual damages, or more in egregious cases.
5. Attorney Fees & Costs
Civil Code § 789.3(c) provides that if you prevail in your lawsuit, the landlord must pay your attorney fees and court costs. This makes it economically feasible to hire an attorney even for moderate-value claims.
6. Injunctive Relief (Court Orders)
In addition to damages, you can seek:
- Temporary Restraining Order (TRO): Emergency court order requiring landlord to immediately restore access (obtained within 24-48 hours)
- Preliminary Injunction: Court order requiring landlord to restore access and maintain services pending trial
- Permanent Injunction: Final court order prohibiting landlord from future lockouts
Total Damages Example
| Damage Type | Amount |
|---|---|
| Statutory damages (7-day lockout at $100/day) | $700 |
| Hotel expenses (7 nights at $120/night) | $840 |
| Replacement clothing & toiletries | $250 |
| Spoiled food | $150 |
| Lost wages (2 days missed work) | $400 |
| Emotional distress | $3,000 |
| Subtotal Actual + Statutory Damages | $5,340 |
| Punitive damages (3x actual damages) | $10,000+ |
| Attorney fees | $5,000-$15,000 |
| Total Potential Recovery | $20,000-$30,000+ |
Filing Your Lawsuit
Small Claims Court (up to $10,000):
- No attorney required
- Filing fee: $30-$100
- Hearing typically within 30-60 days
- Good option for shorter lockouts with limited actual damages
- Cannot recover attorney fees in small claims, but can recover statutory damages
Unlimited Civil Court (over $10,000):
- Attorney recommended
- Filing fee: $435
- Longer process (6-18 months to trial)
- Can recover attorney fees if you prevail
- Best option for long lockouts, significant actual damages, or claims involving punitive damages
Attorney Services
Illegally Locked Out? Get Immediate Help
I represent tenants who have been illegally locked out, had utilities shut off, or had their property seized by landlords. I can help you regain access, recover your belongings, and obtain full damages under Civil Code § 789.3.
How I Can Help
- Emergency Demand Letters: I draft urgent demand letters citing Civil Code § 789.3 and demanding immediate restoration of access, often resulting in same-day resolution
- Police Intervention: I coordinate with local police to enforce your right to access and create official documentation of the lockout
- Temporary Restraining Orders (TROs): I file emergency motions for TROs requiring landlords to restore access within 24-48 hours
- Damage Calculation: I calculate your full statutory and actual damages, including hotel costs, lost wages, property damage, and emotional distress
- Litigation: I file lawsuits in small claims or unlimited civil court seeking statutory damages, actual damages, punitive damages, and attorney fees
- Property Recovery: I assist in retrieving your belongings and documenting any damage or loss
- Defense Against Eviction: If landlord files unlawful detainer after the illegal lockout, I assert § 789.3 as an affirmative defense and file counterclaims
Common Lockout Scenarios I Handle
- Changed locks without notice or court order
- Utility shutoffs (electricity, water, gas, heat) to force tenant out
- Removal of tenant property and refusal to return belongings
- Boarding up or blocking access to rental unit
- Threats, intimidation, or harassment designed to force tenant to leave
- Retaliatory lockouts after tenant requests repairs or files complaints
- Lockouts of roommates or subtenants by landlords or master tenants
Why Illegal Lockout Cases Are Strong
Tenant-Favorable Law: Civil Code § 789.3 provides automatic statutory damages without requiring proof of financial harm. Even brief lockouts (1-2 days) result in minimum $250 statutory damages plus actual costs. Attorney fees are recoverable, making these cases economically viable for attorneys to take on contingency or hybrid fee arrangements.
Case Outcomes
Typical results in illegal lockout cases:
- Demand Letter Resolution: Many landlords restore access and pay settlement (statutory damages + actual costs) within days of receiving attorney demand letter to avoid litigation
- Quick Settlements: Cases often settle for $2,000-$10,000 depending on duration and damages
- Trial Verdicts: Juries are very sympathetic to illegally locked-out tenants; verdicts often include substantial punitive damages ($10,000-$50,000+) in willful cases
When to Contact an Attorney
Contact an attorney immediately if:
- You have been locked out or had utilities shut off
- Your landlord has removed or is withholding your property
- You need emergency assistance regaining access to your home
- Your landlord is threatening to lock you out or shut off utilities
- You have been locked out for more than 1-2 days and want to pursue damages
- Your landlord ignored your demand letter and has not restored access
Schedule a Call
Book a call to discuss your illegal lockout situation. I’ll review your case, explain your rights under Civil Code § 789.3, and advise on immediate steps to regain access and recover damages.
Contact Information
Email: owner@terms.law
Frequently Asked Questions
No. Even if you owe rent, your landlord cannot lock you out, shut off utilities, or remove your property. California law requires landlords to follow the formal eviction process: serve a 3-Day Notice to Pay Rent or Quit, file an unlawful detainer lawsuit, obtain a judgment, and have the sheriff execute the eviction. Any shortcut is illegal under Civil Code § 789.3.
(1) Call local police non-emergency line and report the illegal lockout. Police may order landlord to restore access immediately. (2) Document everything: take photos of changed locks, text/call landlord and request access, and save all communications. (3) Send written demand letter to landlord (email + certified mail) citing Civil Code § 789.3 and demanding immediate restoration of access. (4) If access not restored within 24-48 hours, consult an attorney about filing for emergency TRO and damages.
Legally, you have the right to access your rental unit. However, breaking in can create complications: potential criminal charges (vandalism, trespass), landlord counterclaims for property damage, and safety risks if landlord or security are present. Better approach: call police and request their assistance in regaining entry, obtain a TRO from court ordering landlord to restore access, or have an attorney coordinate supervised re-entry. If you must regain entry without police, document everything and hire a locksmith rather than forcing doors.
You can recover: (1) statutory damages of $100 per day (minimum $250); (2) all actual damages (hotel, lost wages, replacement items, property damage, spoiled food); (3) emotional distress damages; (4) punitive damages if landlord’s conduct was willful; and (5) attorney fees. Even a short 3-5 day lockout typically results in $2,000-$5,000+ in recoverable damages. Longer lockouts or cases involving egregious conduct can result in $10,000-$50,000+ judgments.
This is a severe violation. You can sue for: (1) violation of Civil Code § 789.3 (statutory damages + actual damages + attorney fees); (2) conversion (value of property destroyed or withheld); (3) trespass; and (4) punitive damages. You are entitled to recover the full replacement value of all property that was destroyed, discarded, or lost, plus emotional distress damages. Courts are particularly harsh on landlords who destroy irreplaceable items (family photos, documents, heirlooms, medications).
Yes. Even if the landlord restores access after receiving your demand letter, you can still sue for damages for the period you were locked out. You are entitled to statutory damages for each day of the lockout, plus actual damages incurred during that time (hotel, lost wages, etc.). Restoring access does not erase the landlord’s liability for the illegal lockout.