Landlord Changed Locks or Shut Off Utilities? That's Illegal in California.

DEMAND FOR DAMAGES - ILLEGAL LOCKOUT / UTILITY SHUTOFF VIOLATION OF CALIFORNIA CIVIL CODE 789.3 [Your Name] [Your Current Address - temporary or permanent] [City, CA ZIP] [Phone] [Email] [Date] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED [Landlord Name] [Landlord Address] [City, CA ZIP] Re: DEMAND FOR DAMAGES - Illegal Lockout/Utility Shutoff Rental Property: [Property Address where you were locked out] Date of Violation: [Date lockout/shutoff began] Days in Violation: [Number of days] Dear [Landlord Name]: I am a tenant at [Property Address]. On [Date], you illegally [describe violation: "changed the locks on the property" / "shut off the utilities (gas/electric/water)" / "removed my personal belongings from the unit" / "blocked my access to the rental unit"] without a court order. THIS ACTION VIOLATES CALIFORNIA LAW: Your conduct constitutes an illegal "self-help" eviction in violation of California Civil Code Section 789.3, which expressly prohibits landlords from: - Changing or removing locks - Interrupting or terminating utility services - Removing a tenant's personal property These prohibitions apply regardless of whether rent is owed or any lease violation occurred. The ONLY legal method to remove a tenant in California is through the court eviction (Unlawful Detainer) process. FACTS: 1. I am a lawful tenant at the above property under [written lease dated X / month-to-month tenancy / verbal agreement since X]. 2. On [Date], without any court order, you [describe specific actions taken by landlord]. 3. I [describe your response: "contacted police" / "attempted to gain access" / "was forced to find alternative housing"]. 4. [If applicable: "I reported this matter to the police on [Date]. Report number: [Number]."] 5. As of the date of this letter, I have been unlawfully denied access to my home for [Number] days. DAMAGES CLAIMED: Under Civil Code 789.3(c), I am entitled to actual damages AND statutory damages of not less than $100 per day. My damages are as follows: Statutory Damages ([Number] days x $100): $[Amount] Hotel/Temporary Housing Costs: $[Amount] Lost/Damaged Personal Property: $[Amount] Food Spoilage (if utility shutoff): $[Amount] Lost Wages: $[Amount] [Other documented damages]: $[Amount] TOTAL DAMAGES: $[Total Amount] DEMAND: I hereby demand the following within seven (7) days of your receipt of this letter: 1. [If still locked out: "Immediate restoration of my access to the rental unit, including providing me with working keys to all locks."] 2. [If utilities shut off: "Immediate restoration of all utility services (gas, electric, water)."] 3. Payment of $[Total Amount] in damages as detailed above. CONSEQUENCES OF NON-COMPLIANCE: If you fail to comply with this demand within seven (7) days, I will: 1. File a civil lawsuit against you seeking all damages allowed under Civil Code 789.3, including attorney fees; 2. Report your conduct to the local District Attorney for potential criminal prosecution under Penal Code 418; 3. File a complaint with the California Department of Consumer Affairs; 4. Pursue any and all other available legal remedies. Civil Code 789.3 specifically provides that a prevailing tenant may recover reasonable attorney fees in addition to damages. Your continued violation will only increase your liability. Please contact me immediately at [Phone/Email] to resolve this matter. Sincerely, _______________________________ [Your Signature] [Your Printed Name] Enclosures: - Photographs of changed locks/locked premises - Police report (if obtained) - Hotel/housing receipts - Utility shutoff notices (if applicable) - Inventory of removed/damaged belongings - Text messages/emails from landlord - Witness statements cc: [Local Tenant Rights Organization] [Your attorney, if applicable]