📋 Overview

You've received a demand letter accusing you of illegal eviction (also called "self-help eviction" or "wrongful eviction"). Under California Civil Code 789.3, landlords are prohibited from taking actions to force a tenant out without following proper court eviction procedures. The penalties for violation are severe.

⚠ Serious Liability

Illegal eviction carries statutory damages of $100 per day minimum, plus actual damages, attorney fees, and possible punitive damages.

🕒 Only Court Can Evict

In California, ONLY a sheriff executing a court order can physically remove a tenant. Landlord self-help is always illegal.

💰 Criminal Penalties

Illegal eviction can be a misdemeanor under Penal Code 418, punishable by fine and/or imprisonment.

What Constitutes Illegal Eviction (CC 789.3)

  • Changing locks - Changing or adding locks to prevent tenant access
  • Removing doors/windows - Taking off doors, windows, or other parts of the structure
  • Shutting off utilities - Interrupting water, gas, electric, or other essential services
  • Removing tenant's property - Taking or disposing of tenant's belongings
  • Blocking access - Preventing entry to common areas or the unit
  • Threats/intimidation - Using threats to force tenant to leave
  • Removing appliances - Taking refrigerator, stove, or other fixtures
$450
Attorney Response on Letterhead

Urgent case review, defense strategy, response letter. Illegal eviction claims require prompt professional response.

Schedule Review

🔍 Evaluate the Claim

Carefully assess what actually happened. Even actions taken with good intentions can constitute illegal eviction.

Potential Liability Assessment

Action Taken If Proven Risk Level
Changed locks while tenant occupied Clear violation - $100/day min + actual damages SEVERE
Shut off utilities Clear violation - $100/day + utility costs + damages SEVERE
Removed tenant property Violation + value of property + emotional distress SEVERE
Verbal threats to leave Possible violation depending on nature/context HIGH
Changed locks on vacant unit Defense if tenant truly abandoned (but risky) MODERATE
Utility company shutoff Not your action; but may need to restore LOWER

📄 Document What Happened

  • ✓ Exact date and time of alleged action
  • ✓ Who was present / witnesses
  • ✓ Your reason for the action (if you took it)
  • ✓ Photos/video of property condition

📝 Tenant Status

  • ✓ Was lease still in effect?
  • ✓ Had tenant given notice to vacate?
  • ✓ Evidence of abandonment (if claimed)?
  • ✓ Was unlawful detainer filed/completed?

🚨 Immediate Action Required

If you did change locks or shut off utilities, restore access and services immediately. Each day of illegal eviction adds to your damages. Even if the tenant owes rent or violated the lease, self-help eviction is never legal in California.

🛡 Your Defenses

Defenses to illegal eviction claims are limited, but some may apply.

No Landlord Action Taken

You did not take the alleged action. The lock change was done by building management, utility was shut off by the company for non-payment, etc.

When to use: Someone else's action is being attributed to you.

Genuine Abandonment

Tenant had genuinely abandoned the property under Civil Code 1951.2 criteria: returned keys, removed all belongings, gave written notice, and was absent for extended period.

When to use: Clear evidence of abandonment before you changed locks (but this is risky).

Tenant Consent

Tenant agreed in writing to the action (e.g., agreed to early lease termination and gave possession voluntarily).

When to use: You have written documentation of tenant's agreement to vacate.

Emergency Repairs

Utility shutoff or access restriction was necessary for genuine emergency repairs, was temporary, and tenant was given notice and alternate accommodations.

When to use: Documented emergency (gas leak, water main break) required temporary service interruption.

Lawful Eviction Completed

Sheriff already executed a writ of possession. After legal eviction is complete, landlord may secure property.

When to use: You have proof unlawful detainer judgment was obtained and sheriff executed the writ.

🚨 Defenses That DO NOT Work

  • "Tenant owed rent" - Never justifies self-help eviction
  • "Lease was expired" - Must still go through court process
  • "Tenant violated lease" - Must file unlawful detainer
  • "I thought they moved out" - Must follow abandonment procedures
  • "It was just for a few hours" - Still illegal; damages still apply

⚖ Response Options

Choose your response based on whether you took the alleged action and the strength of any defenses.

Immediate Restoration + Negotiate

If you did take illegal action, immediately restore access/utilities and negotiate a settlement. This stops the damage clock and shows good faith.

  • Stops accruing damages
  • May reduce penalties
  • Avoids litigation

Dispute the Allegations

If you genuinely didn't take the alleged action, respond with evidence showing who did or that it didn't happen.

  • Clears your name
  • May need witnesses
  • Document everything

Assert Abandonment Defense

If tenant truly abandoned, compile evidence and assert abandonment defense. This is risky - if wrong, you'll face heavy damages.

  • Complete defense if valid
  • High risk if wrong
  • Need strong evidence

Seek Attorney Immediately

Illegal eviction claims can result in massive damages. Get an attorney involved immediately to assess exposure and craft defense.

  • Professional assessment
  • Strategic response
  • Protect your interests

📊 Potential Damages Calculation

Example: Illegal lockout lasting 10 days

Statutory damages ($100/day x 10 days) $1,000
Actual damages (hotel, lost wages, etc.) $2,500
Emotional distress $3,000+
Attorney fees (tenant's attorney) $5,000+
Punitive damages (if malicious) $10,000+
POTENTIAL TOTAL EXPOSURE $21,500+

⚠ Settlement Considerations

If you committed illegal eviction, settling early is usually wise. Statutory damages of $100/day are MINIMUM - courts often award much more. A tenant who wins also gets attorney fees, which can exceed $10,000 easily. Settling for a few thousand may be far cheaper than litigation.

📝 Sample Responses

Customize these response templates for your situation.

Denying the Allegations
I am in receipt of your demand letter dated [DATE] alleging illegal eviction from [PROPERTY ADDRESS]. I categorically deny these allegations. At no time did I [describe alleged action - e.g., "change the locks," "shut off utilities," etc.]. The property remains accessible to you with your existing keys, and all utilities remain in service. If you experienced difficulty accessing the property, this was not caused by any action on my part. I request that you provide specific evidence of your claims, including dates, times, and any documentation. If you believe a third party took action affecting your access, please identify them so the matter can be properly addressed.
Acknowledging and Offering Resolution
I am responding to your demand letter dated [DATE] regarding [PROPERTY ADDRESS]. I acknowledge that on [DATE], I [describe action - e.g., "changed the locks"]. I understand this was improper and have since [describe remedy - e.g., "provided you with new keys" or "restored utility service"]. I sincerely apologize for this action and any inconvenience it caused. In the interest of resolving this matter, I am prepared to offer [$AMOUNT] as compensation for the period you were affected. This offer is contingent on execution of a mutual release. I believe this is a fair resolution that avoids the cost and time of litigation for both parties. Please respond within [14] days if you wish to accept this offer.
Asserting Abandonment
I am in receipt of your letter dated [DATE] claiming illegal eviction from [PROPERTY ADDRESS]. Prior to securing the property on [DATE], I reasonably believed the unit had been abandoned based on the following: 1. You returned the keys to me on [DATE] 2. All personal belongings had been removed from the unit 3. You had not resided at the property for [X] days 4. Utilities were disconnected at your request [Add other evidence as applicable] Under Civil Code 1951.2, a landlord may retake possession when a tenant has abandoned the premises. The evidence clearly indicated abandonment, and I acted in good faith reliance on that evidence. I deny any violation of Civil Code 789.3 and reject your demand for damages.
Third Party Responsible
I am responding to your demand dated [DATE] regarding alleged illegal eviction at [PROPERTY ADDRESS]. The action you describe - [describe alleged action] - was not taken by me or at my direction. Based on my investigation, [identify responsible party - e.g., "the utility company disconnected service due to your unpaid account" or "the property management company took this action without my authorization"]. I have contacted [responsible party] to address this matter. You should direct your claim to the party who actually took this action. I will cooperate in restoring your access/service to the extent it is within my control, but I deny liability for actions taken by others without my knowledge or consent.

🚀 Next Steps

Step 1: Restore Immediately

If you took any illegal action, restore access and utilities NOW. Every day adds to your damages.

Step 2: Document Everything

Gather all evidence: communications, photos, witness statements, utility records, etc.

Step 3: Get Legal Help

Illegal eviction claims are serious. Consult an attorney before responding substantively.

Step 4: Consider Settlement

If you're liable, early settlement is usually cheaper than litigation.

The Legal Eviction Process

For future reference, the ONLY legal way to evict a tenant in California:

  1. Serve proper notice - 3-day, 30-day, 60-day, or 90-day depending on circumstances
  2. File unlawful detainer - Court lawsuit after notice period expires
  3. Obtain judgment - Court rules in your favor after trial or default
  4. Get writ of possession - Court order directing sheriff to remove tenant
  5. Sheriff executes writ - ONLY the sheriff can physically remove tenant

If They File a Lawsuit

  • Respond within 30 days - File an answer to avoid default judgment
  • Get an attorney - These cases are too serious for self-representation
  • Consider early settlement - Damages can escalate quickly in litigation
  • Document your remedial actions - Shows good faith, may reduce punitive damages

Get Professional Help Now

Illegal eviction claims carry severe penalties. Get an attorney response letter immediately.

Schedule Consultation - $450

California Resources

  • Civil Code 789.3: leginfo.legislature.ca.gov - Illegal eviction statute
  • Civil Code 1951.2: Abandonment procedures
  • CCP 1161-1179a: Unlawful detainer (legal eviction) procedures