📋 What is an Illegal Eviction?

In California, landlords are strictly prohibited from using "self-help" eviction tactics. This means your landlord cannot force you out of your rental without going through the formal court eviction process - no matter what you may owe or what lease violations they claim. When a landlord locks you out, shuts off utilities, removes your belongings, or harasses you to leave, they are breaking the law.

Types of Illegal Eviction

🔒 Lockout

Changing locks, adding locks, or otherwise preventing you from entering your rental unit

⚡ Utility Shutoff

Turning off electricity, gas, water, or other utilities to force you out

📦 Removing Belongings

Taking your personal property out of the unit or disposing of your possessions

🚫 Removing Doors/Windows

Taking doors off hinges, removing windows, or making the unit uninhabitable

😠 Intimidation/Harassment

Threats, verbal abuse, or conduct designed to force you to abandon your home

🔓 Blocking Access

Blocking driveways, removing parking access, or denying entry to common areas

⚠ Self-Help Eviction is ALWAYS Illegal

  • Even if you owe rent
  • Even if your lease has expired
  • Even if you violated the lease
  • Even if you have no written lease
  • Even if the landlord claims you abandoned the property

The ONLY legal way to remove a tenant in California is through the court unlawful detainer (eviction) process.

Your Rights Under California Law

If your landlord has illegally evicted you, California law provides powerful remedies:

  • Statutory damages of $100 per day for each day of the violation (minimum)
  • Actual damages - all costs and losses you suffered
  • Attorney fees - the landlord must pay your legal costs if you win
  • Injunctive relief - court order to restore access immediately
  • Criminal penalties - landlord may face misdemeanor charges

💰 Damages You Can Recover

California law entitles you to significant compensation when your landlord illegally evicts you. Here's what you can recover.

Category Description
Statutory Damages Minimum $100 per day for each day of violation (Civil Code 789.3)
Hotel/Temporary Housing Cost of hotels, motels, or other temporary lodging while locked out
Lost/Damaged Property Value of belongings removed, damaged, or destroyed by landlord
Moving Costs Expenses to relocate if you could not return to the unit
Lost Wages Income lost due to inability to access work clothes, tools, or transportation
Emotional Distress Anxiety, stress, humiliation, and trauma from the illegal eviction
Attorney Fees Your legal costs if you prevail (mandatory under Civil Code 789.3)
Civil Penalties Up to $2,000 per violation for harassment (Civil Code 1940.2)

📊 Sample Damages Calculation

Example: 14-Day Lockout with Utility Shutoff

Statutory damages (14 days x $100) $1,400
Hotel stays (14 nights x $150) $2,100
Restaurant meals (no kitchen access) $420
Lost wages (3 days missed work) $720
Damaged/disposed personal property $2,500
Emotional distress $3,000
Civil penalty (harassment) $2,000
TOTAL DAMAGES CLAIM $12,140

💰 Attorney Fees Make Litigation Viable

Because Civil Code 789.3 requires the landlord to pay your attorney fees if you win, many tenant rights attorneys will take illegal eviction cases on contingency or reduced fee arrangements. The fee-shifting provision means your landlord pays your legal costs, not you.

✅ Evidence Checklist

Document everything immediately. Strong evidence is critical for your illegal eviction claim.

📷 Photos & Video

  • ✓ Photos of changed/new locks on doors
  • ✓ Video of you attempting to enter with your key
  • ✓ Photos of utility meters showing shutoff
  • ✓ Photos of removed doors, windows, or belongings
  • ✓ Timestamped photos showing dates of violations

👮 Police Reports

  • ✓ Police report of the lockout incident
  • ✓ Officer names and badge numbers
  • ✓ Report number for follow-up
  • ✓ Any criminal charges filed against landlord

👥 Witness Statements

  • ✓ Written statements from neighbors who witnessed
  • ✓ Contact information for all witnesses
  • ✓ Statements from anyone who saw landlord's actions
  • ✓ Family/friends who can verify your displacement

📄 Lease & Tenancy Documents

  • ✓ Copy of your lease agreement
  • ✓ Rent payment receipts/bank records
  • ✓ Utility bills in your name
  • ✓ Mail/documents proving residency

📩 Communications

  • ✓ All texts/emails with landlord
  • ✓ Written threats or demands to vacate
  • ✓ Voicemails (save recordings)
  • ✓ Any notices posted on your door

⚡ Utility Records

  • ✓ Utility company records showing shutoff date
  • ✓ Proof landlord requested shutoff (if available)
  • ✓ Documentation of when service was restored
  • ✓ Bills showing account was current (if applicable)

🔒 Preserve Everything

Back up all photos, videos, and documents to cloud storage immediately. Screenshot all text messages and emails. Keep a detailed written log of everything that happens, with dates and times. Evidence can make or break your case - document obsessively.

📝 Sample Language

Copy and customize these paragraphs for your illegal eviction demand letter.

Lockout Paragraph
On [DATE OF LOCKOUT], I returned to my residence at [PROPERTY ADDRESS] and discovered that you had changed the locks on the property, preventing me from entering my home. Despite my lawful tenancy, I was denied access to my residence and all of my personal belongings. This action constitutes an illegal lockout in direct violation of California Civil Code Section 789.3, which expressly prohibits landlords from changing locks or otherwise preventing tenant access without a court order. I was locked out of my home for [NUMBER] days, from [START DATE] to [END DATE].
Utility Shutoff Paragraph
On [DATE], you intentionally interrupted utility service to my residence by [shutting off electricity / shutting off gas / shutting off water / describe specific action]. This was done with the intent to terminate my tenancy without following the lawful court eviction process. California Civil Code Section 789.3(a) expressly prohibits a landlord from causing the interruption or termination of any utility service, including water, heat, light, electricity, gas, telephone, elevator, or refrigeration. Your deliberate shutoff of [utility type] service left me without [heat, hot water, electricity, ability to cook, etc.] for [NUMBER] days.
Removing Belongings Paragraph
On [DATE], you unlawfully removed my personal belongings from the property at [PROPERTY ADDRESS]. Without any court order or lawful authority, you [placed my belongings on the street / disposed of my belongings / placed my belongings in storage without my consent]. The removed property includes [list major items: furniture, clothing, electronics, documents, etc.] with an estimated value of [AMOUNT]. This removal of personal property constitutes a violation of California Civil Code Section 789.3(b), which prohibits a landlord from removing a tenant's personal property from the dwelling with intent to terminate the tenancy.
Changing Locks Paragraph
On [DATE], I discovered that you had changed or rekeyed the locks on the doors to my rental unit at [PROPERTY ADDRESS]. My key no longer worked, and I was unable to enter my home. You did not provide me with a new key and did not have any court order authorizing this action. This conduct violates California Civil Code Section 789.3(b)(1), which prohibits a landlord from changing the locks on a tenant's door without court authorization. I have photographic/video evidence of my inability to enter the unit using my lawful key.
Intimidation/Harassment Paragraph
Beginning on [DATE], you engaged in a pattern of harassment and intimidation designed to force me to vacate the property without a lawful eviction. Your conduct included [describe specific acts: verbal threats, threatening text messages, entering the unit without notice, making excessive noise, blocking access to parking or common areas, etc.]. This conduct violates California Civil Code Section 1940.2, which prohibits a landlord from engaging in conduct that interferes with a tenant's quiet enjoyment with intent to influence the tenant to vacate. I am entitled to civil penalties of up to $2,000 per violation in addition to actual damages for this harassment.
Legal Basis & Damages Paragraph
Your actions constitute illegal eviction in violation of California Civil Code Section 789.3. Under this statute, I am entitled to recover: (1) actual damages, including but not limited to the costs of temporary housing, meals, lost wages, and damaged or lost property; (2) statutory damages of not less than one hundred dollars ($100) for each day that the violation continues; and (3) reasonable attorney's fees. Additionally, your conduct may violate California Penal Code Section 418, which makes forcible entry or detainer a misdemeanor punishable by fine and imprisonment. I reserve the right to report your criminal conduct to the appropriate authorities.
Demand & Deadline Paragraph
I hereby demand that you: (1) immediately restore my access to the property at [PROPERTY ADDRESS] by providing working keys to all locks; (2) restore all utility services; (3) return all of my personal property that was removed; and (4) pay damages in the amount of [TOTAL AMOUNT] within [14/21/30] days of the date of this letter. This amount includes [itemize: statutory damages, hotel costs, lost wages, property damage, etc.]. If I do not receive full payment by [DEADLINE DATE], I will pursue all available legal remedies, including filing a civil lawsuit for damages and attorney fees, reporting your criminal conduct to law enforcement, and filing a complaint with the local housing authority.

📄 Full Sample Demand Letter

Below is a complete demand letter template. Replace all bracketed placeholders with your specific information.

Complete Demand Letter
[YOUR NAME]
[YOUR ADDRESS]
[YOUR CITY, STATE ZIP]
[YOUR EMAIL]
[YOUR PHONE]

[DATE]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[LANDLORD NAME]
[LANDLORD ADDRESS]
[LANDLORD CITY, STATE ZIP]

Re: Demand for Damages - Illegal Eviction at [PROPERTY ADDRESS]

Dear [LANDLORD NAME]:

I am writing to demand compensation for your illegal eviction of me from my residence at [PROPERTY ADDRESS]. Your conduct violates California Civil Code Section 789.3 and Section 1940.2, and potentially California Penal Code Section 418.

FACTS

I am a lawful tenant at the above property pursuant to a [written lease / month-to-month tenancy] that began on [LEASE START DATE]. My monthly rent is [RENT AMOUNT].

On [DATE OF LOCKOUT], you illegally evicted me by [changing the locks on the property / shutting off utilities / removing my personal belongings / describe other actions]. You did not obtain any court order authorizing your actions. You did not follow the lawful unlawful detainer process required by California law.

As a result of your illegal conduct, I was locked out of my home for [NUMBER] days, from [START DATE] to [END DATE]. During this time, I was forced to [stay in a hotel / stay with family / sleep in my car / describe circumstances]. I was unable to access my personal belongings, including [clothing, medication, work materials, etc.].

LEGAL BASIS

California Civil Code Section 789.3 prohibits landlords from using self-help eviction tactics, including changing locks, shutting off utilities, or removing tenant property. The statute provides that a landlord who violates these provisions is liable for actual damages, statutory damages of not less than $100 per day for each day the violation continues, and reasonable attorney's fees.

California Civil Code Section 1940.2 prohibits landlord harassment intended to influence a tenant to vacate, and provides for civil penalties of up to $2,000 per violation. California Penal Code Section 418 makes it a misdemeanor to use force or threats to remove a person from real property.

DAMAGES

I have suffered the following damages as a result of your illegal eviction:

Statutory damages ([NUMBER] days x $100): [$AMOUNT]
Hotel/temporary housing costs: [$AMOUNT]
Meals (unable to access kitchen): [$AMOUNT]
Lost wages: [$AMOUNT]
Damaged/lost personal property: [$AMOUNT]
Emotional distress: [$AMOUNT]
TOTAL: [$TOTAL AMOUNT]

DEMAND

I demand that you pay the sum of [$TOTAL AMOUNT] within [14/21/30] days of the date of this letter. Payment should be made by [certified check / cashier's check / wire transfer] to the address above.

If I do not receive payment in full by [DEADLINE DATE], I will pursue all available legal remedies without further notice. This includes filing a civil lawsuit seeking actual damages, statutory damages, attorney fees, and costs. I will also report your criminal conduct to the [City] Police Department and the District Attorney's Office for prosecution under Penal Code Section 418.

This letter is not intended to be a complete statement of the facts or law related to this matter, and nothing in this letter should be construed as a waiver of any of my rights or remedies, all of which are expressly reserved.

Sincerely,


_________________________________
[YOUR NAME]

Enclosures: [List any attachments: photos, police report, lease, receipts, etc.]

💬 Sending Your Demand Letter

  • Send via Certified Mail with Return Receipt Requested to prove delivery
  • Keep a copy of everything you send
  • Also send via email if you have landlord's email address
  • Save the certified mail receipt and green return card
  • Consider also sending via regular first-class mail as backup

🚀 Next Steps

What to do after sending your illegal eviction demand letter.

Immediate Actions

👮 Call Police

Report the lockout to police immediately. Ask for a police report. Officers may help you regain access.

📷 Document Everything

Take photos and video. Get witness contact info. Create a written timeline of events.

📩 Send Demand Letter

Use the template above. Send via certified mail with return receipt requested.

If Your Landlord Doesn't Respond

  1. File a Police Report

    If you haven't already, file a formal police report for violation of Penal Code 418. Request a copy for your records and potential civil case.

  2. Contact a Tenant Rights Attorney

    Many attorneys take illegal eviction cases on contingency because of the attorney fee provision in Civil Code 789.3. Consultations are often free.

  3. File in Small Claims Court

    If damages are under $12,500, you can file in small claims court without an attorney. The process is relatively simple and filing fees are low.

  4. File a Civil Lawsuit

    For larger claims or if you want attorney representation, file in Superior Court. You can recover attorney fees if you prevail.

  5. Report to Local Housing Authority

    File a complaint with your city's housing department. They may investigate and impose penalties on the landlord.

⚠ Time Limits Apply

California has a 3-year statute of limitations for property damage claims and a 2-year statute of limitations for personal injury claims (including emotional distress). Act promptly to preserve your rights. The statutory damages under Civil Code 789.3 likely have a 3-year limit as well.

Need Legal Help?

Illegal eviction cases can result in significant damages. Get a 30-minute strategy call with an attorney to evaluate your case and discuss your options.

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California Resources

  • CA Dept. of Consumer Affairs: dca.ca.gov - Free landlord-tenant handbook
  • California Courts Self-Help: selfhelp.courts.ca.gov - Court forms and guidance
  • Legal Aid: lawhelpcalifornia.org - Free legal help for qualifying tenants
  • Tenant Rights Hotline: Housing Rights Center (Los Angeles) 1-800-477-5977
  • Bay Area Legal Aid: (510) 663-4755 - Serving Northern California
  • California Civil Code: leginfo.legislature.ca.gov - Read Sections 789.3, 1940.2

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