What Makes an Eviction Wrongful?
An eviction becomes wrongful when a landlord bypasses California's required unlawful detainer process — which involves proper notice, a court filing, and a judge's order — and instead resorts to self-help measures like changing the locks, shutting off utilities, or removing a tenant's possessions. It can also be wrongful when it is retaliatory or discriminatory, even if the landlord otherwise follows the correct legal process.
RV Litigation Group PC represents clients in San Jose, San Francisco, Palo Alto, Oakland, and throughout Santa Clara County and San Francisco County.
What the Law Says
Civil Code 789.3 — Prohibited Landlord Conduct
"A landlord shall not... (1) Prevent the tenant from gaining reasonable access to the property by changing the locks... (2) Remove... any exterior door, window, lock, or lighting fixture... (3) Remove the tenant's personal property... (4) Interrupt utilities furnished to the tenant..." — California Civil Code Section 789.3(b)
This statute makes clear that self-help eviction — taking matters into one's own hands without a court order — is illegal, no matter how much rent may be owed. A landlord who violates this statute can be liable for actual damages, and a statutory penalty of up to $100 per day of the violation.
Civil Code 1942.5 — Retaliatory Eviction
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A landlord cannot evict, or take other retaliatory action against, a tenant for exercising legal rights — such as complaining about habitability issues, requesting repairs, or joining a tenant organization. An eviction that follows closely after such protected activity may be presumed retaliatory.
Real-World Examples
A landlord changes the locks on a tenant's unit while the tenant is at work, without any court order, over a rent dispute. Counsel seeks emergency relief to restore the tenant's access and pursues statutory penalties under Civil Code 789.3.
A landlord shuts off water and electricity to a unit in an attempt to pressure a tenant to move out without going through the unlawful detainer process. Counsel documents the violation and pursues damages and penalties, in addition to restoring utility service.
A tenant receives a termination notice within days of formally requesting mold remediation from her landlord. Counsel raises the retaliation presumption under Civil Code 1942.5 as a defense to any subsequent unlawful detainer action.
What's at Stake
| Violation | Governing Law | Available Remedy |
|---|---|---|
| Illegal Lockout / Utility Shutoff | Civil Code 789.3 | Actual damages + up to $100/day statutory penalty |
| Retaliatory Eviction | Civil Code 1942.5 | Defense to eviction + damages |
| Improper Notice / Process | CCP 1161 et seq. | Eviction can be defeated for procedural defects |
How We Help
1. Emergency Relief
When a tenant has been illegally locked out or had utilities shut off, we move quickly to restore access and service.
2. Statutory Damages Claims
We pursue the actual damages and statutory penalties available under Civil Code 789.3 for self-help eviction violations.
3. Retaliation and Discrimination Defenses
We raise retaliatory or discriminatory motive as a defense to an eviction and pursue affirmative claims where warranted.
4. Unlawful Detainer Defense
When a landlord does pursue a formal eviction, we defend against it on procedural and substantive grounds.
Frequently Asked Questions
No. Regardless of how much rent is owed, California law requires a landlord to go through the formal unlawful detainer court process to evict a tenant. Changing the locks, removing your belongings, or shutting off utilities without a court order is illegal self-help eviction.
Under Civil Code 789.3, you can recover your actual damages plus a statutory penalty of up to $100 for each day the violation continues, in addition to potentially recovering attorney fees.
It is an eviction or other adverse action taken by a landlord in response to a tenant exercising a legal right — such as requesting repairs, reporting a habitability violation, or complaining to a government agency. California law presumes retaliation if the adverse action occurs within a certain period after the protected activity.
Document everything — photos, dates, and any communication with your landlord — and seek legal help immediately. Courts can order your landlord to restore your access quickly, and delay can complicate your ability to recover your belongings and prove your damages.
