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Landlord Changed the Locks While I Was at Work - Is This Legal? (California 2025)

Started by LockedOutInLA · May 7, 2025 · 6 replies
This discussion involves California tenant rights law. Laws vary by state and local jurisdiction. This is not legal advice - consult an attorney for your specific situation.
LO
LockedOutInLA OP

I'm freaking out right now. Came home from work today and my key doesn't work. Landlord changed all the locks on my apartment. My stuff is still inside - clothes, laptop, everything. I haven't even missed rent, we just had a disagreement last week about some repairs I've been asking for.

There was no eviction notice, no court date, nothing. I've been living here for 2 years. He just changed the locks while I was at work.

Is this even legal?? What do I do? I'm literally standing outside my apartment right now typing this on my phone.

JM
JMarquez_TenantLaw Attorney

What your landlord did is 100% illegal in California. This is called a "self-help eviction" and it's prohibited under California Civil Code Section 789.3.

Here's what the law says:

  • A landlord CANNOT change locks, remove doors/windows, or cut off utilities to force a tenant out
  • This applies even if you owe rent or violated the lease
  • The ONLY legal way to remove a tenant in California is through the court eviction process (unlawful detainer)

Your damages under Civil Code 789.3:

  • $100 per day minimum for each day you're locked out
  • Actual damages (hotel costs, lost wages, damaged property, etc.)
  • Attorney's fees if you have to sue

The $100/day is a statutory MINIMUM - meaning even if you have zero actual damages, you get at least $100 for every day. Many tenants recover significantly more.

Right now, tonight:

  1. Call the police non-emergency line and report it as an illegal lockout
  2. Ask officers to help you regain entry or at least document the situation
  3. Take photos/video of everything - the new locks, your belongings visible through windows
  4. Keep all receipts for hotel, food, replacement necessities
RG
RenterGuy_SD

This happened to me in San Diego 2 years ago. Similar situation - landlord wanted me out, just changed the locks one day while I was at work.

Here's what actually worked for me:

I called the police and they came out. At first they tried to say it was a "civil matter" but I specifically cited California Civil Code 789.3 and told them this was an illegal lockout. The officer called his supervisor, and they ended up making the landlord let me back in that same night.

Key thing: Don't let cops brush you off. Some officers don't know tenant law. Be polite but firm. The law is crystal clear - they cannot lock you out without a court order, period.

Print out Civil Code 789.3 on your phone and show them if you have to.

DT
DocEverything_Tenant

Adding to what everyone said - DOCUMENTATION IS EVERYTHING.

Whether or not you get back in tonight, you want to build a case for damages. Here's what to document:

  • Timestamp everything - photos with timestamps of the locked door, new lock hardware
  • Video walkthrough - record yourself trying to use your key, showing it doesn't work
  • Witness statements - if neighbors saw anything, get their contact info
  • Police report number - even if they don't help, get a report filed
  • All communications - screenshot any texts/emails with landlord
  • Receipts for EVERYTHING - hotel, food, toiletries, clothes you had to buy

Even if you get back in tomorrow, you can still sue for the days you were locked out plus emotional distress. I've seen these cases settle for $3,000-$15,000 depending on how long the lockout lasted and how much documentation existed.

Also if this landlord has been harassing you about the repairs, you should look into sending a formal demand letter. There's a good landlord harassment demand letter template that covers situations where landlords are retaliating against tenants for requesting repairs.

WM
Won5KinSmallClaims

I won $5,200 in small claims court last year for an illegal lockout. Wanted to share my experience:

My landlord locked me out for 11 days total before I got back in. Here's how my damages broke down:

  • $100/day x 11 days = $1,100 (statutory minimum)
  • Hotel costs = $1,800
  • Replacement clothes/toiletries = $400
  • Lost wages (2 days couldn't work without laptop) = $600
  • Emotional distress = $1,300

Judge awarded all of it. Landlord tried to claim I "abandoned" the unit but I had photos proving my stuff was still there and I had paid rent through the end of the month.

Small claims in California goes up to $12,500 now for individuals. You don't need a lawyer. Bring all your documentation, be organized, and know Civil Code 789.3 inside and out.

The judge was actually angry at my landlord. Called it "textbook illegal self-help eviction." Landlords know this is illegal - they're banking on tenants not knowing their rights or not fighting back.

JM
JMarquez_TenantLaw Attorney

@LockedOutInLA - wanted to follow up with some additional resources since this thread is getting good traction.

Emergency steps if you're still locked out:

  1. Call 211 - they can connect you with emergency housing assistance
  2. Contact local tenant rights organization - many offer free legal help. In LA, try BASTA, Housing Rights Center, or Legal Aid Foundation
  3. File complaint with California DFEH if you believe this is retaliatory (you mentioned asking for repairs)

If landlord has also been entering your unit without notice (common pattern with these landlords), that's a separate violation under Civil Code 1954. You can use this illegal entry demand letter to document those incidents as well.

Important timing note: The statute of limitations for Civil Code 789.3 claims is generally 3 years, but you want to act quickly while evidence is fresh and witnesses remember what happened.

If damages exceed small claims limits or you want to pursue punitive damages (which can be significant in egregious cases), consult with a tenant rights attorney. Many work on contingency for these cases because the law is so clearly on your side.

LO
LockedOutInLA OP

UPDATE for anyone who finds this thread later:

Police came out that first night. Officer was skeptical at first but I showed him the statute on my phone and he called his sergeant. They made the landlord come out and give me a new key. I was back in my apartment by 11pm that same night.

But it doesn't end there. I documented everything like you all said. Sent a cease harassment letter the next day. Landlord tried to deny it happened, then claimed I "gave him permission" (I absolutely did not).

I filed in small claims court last week. Even though I was only locked out for about 6 hours, I'm claiming:

  • $100 minimum statutory damage
  • Uber costs to get back home when I realized I was locked out ($45)
  • Emotional distress - this was genuinely traumatic
  • Time off work to deal with this mess

Landlord already reached out wanting to settle. Offered $1,500 to drop it. I'm considering it but honestly might go to court on principle. This guy needs to learn he can't do this to people.

Thank you everyone for the help. This forum literally saved me that night. I was panicking and had no idea what my rights were.

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