Landlord Locked You Out or Shut Off Utilities in California? Suing Under Civil Code § 789.3 in Small Claims

The Short Answer

In California, a landlord cannot force you out by changing the locks, cutting off your utilities, or removing your doors, windows, or belongings. Civil Code § 789.3 prohibits these "self-help evictions," and a landlord who breaks the rule can owe you your actual damages plus a statutory penalty for each day the violation continues. A tenant can be removed only after a court judgment, and only by the sheriff or marshal (California Attorney General, Information Bulletin 2022-DLE-05).

If you are locked out or without power or water right now, call the police first. The Attorney General's guidance tells law enforcement that self-help evictions are a criminal matter, not only a civil one, and that officers should intervene. Money claims come later.

This guide explains what the law prohibits, how the money you can recover is calculated, what to document, and how to bring the claim in small claims court with Form SC-100. For the deposit side of a move-out dispute, see our California security deposit law guide.

The Example: Marco's Four Days Locked Out

Marco rented a room in a house in Fresno on a month-to-month basis. After a dispute over a late rent payment, his landlord texted him to "be out by Friday." Marco did not leave, and the landlord never filed an eviction case.

On Friday, Marco came home to find the locks changed. Two days earlier the landlord had also shut off the electricity. Marco called the police, who told the landlord he had to let Marco back in. The landlord restored access and power four days after the lockout.

During those days Marco paid for a motel, lost the food in his refrigerator, and missed a shift at work because his work clothes were locked inside. We follow his case through the rest of this guide.

What Civil Code § 789.3 Prohibits

Civil Code § 789.3 targets a landlord who acts with the intent to end your tenancy without going to court. The Attorney General summarizes the prohibited conduct this way:

These rules apply even if you owe rent, have received an eviction notice, or are in breach of your lease. In every case the landlord must use the court process to evict (AG Bulletin 2022-DLE-05). Penal Code § 418 makes it a misdemeanor to use "any force or violence in entering upon or detaining any lands or other possessions of another." Your city or county may also have its own tenant protections.

How the Money Is Calculated

A § 789.3 claim has two parts:

For Marco, the penalty is counted day by day while the violation continued, and his actual damages are added on top. Keep receipts for every cost, because the court decides the amount based on the evidence you bring.

Small claims court has a limit on how much an individual can claim: $12,500 (CCP § 116.221). If your total could exceed that, have it reviewed before you file, because the choice of court affects how much you can recover.

What to Do After a Lockout or Shutoff

Step 1: Get safe and get back in

Call the police if you are locked out or your utilities are cut. Ask the officer to note the incident and give you a report number. Write down the officer's name and badge number.

Step 2: Document everything the same day

Photograph the changed locks, the dark or shut-off meters, your belongings outside, and any notes or texts from the landlord. Save every message showing the landlord wanted you out. Our guide on preserving evidence explains how to keep timestamps intact.

Step 3: Keep a day-by-day log

Write down the date and time the lockout or shutoff started and when access or service came back. The penalty depends on how many days the violation lasted, so the dates matter more than anything else.

Step 4: Save receipts for every cost

Keep motel and meal receipts, a list of spoiled food or damaged items with photos, and pay stubs or a note from your employer for lost work.

Step 5: Send a demand letter

Before suing, a written demand gives the landlord a chance to pay. State what happened, the dates, the amount you are asking for, and that you will file in small claims court if it is not paid. See how to write a demand letter.

Step 6: File the SC-100

If the landlord does not pay, file the Plaintiff's Claim and ORDER to Go to Small Claims Court (Form SC-100). The filing fee is $30 for claims up to $1,500, $50 for claims over $1,500 and up to $5,000, and $75 for claims over $5,000 up to $12,500 (CCP § 116.230). Our SC-100 guide walks through each section.

Step 7: Serve the landlord the right way

The landlord must be served by a method allowed under CCP § 116.340, at least 15 days before the hearing, or 20 days if the landlord lives outside the county where you filed. Serving the filed claim is a separate step from your demand letter. See how small claims court works for the full timeline.

Frequently Asked Questions

Can my landlord shut off my utilities if I don't pay rent?

No. Civil Code § 789.3 prohibits a landlord from shutting off utilities to force a tenant out, and the Attorney General's guidance states that a landlord cannot force a tenant out even if the tenant owes rent (AG Bulletin 2022-DLE-05). The landlord's remedy for unpaid rent is the court eviction process.

Is changing the locks on a tenant illegal in California?

Yes, when it is done to force you out. Civil Code § 789.3 prohibits changing the locks or otherwise blocking a tenant's access with intent to end the tenancy. Only the sheriff or marshal can remove a tenant, and only after a court judgment (AG Bulletin 2022-DLE-05).

How much can I get for an illegal lockout?

Your actual damages, plus a statutory penalty of up to $100 for each day or part of a day the violation continued (Civil Code § 789.3). In small claims court, an individual can claim up to $12,500 in total (CCP § 116.221).

Should I call the police or file a lawsuit?

If it is happening now, call the police first. The Attorney General's guidance treats self-help evictions as a criminal matter and tells officers to intervene (AG Bulletin 2022-DLE-05). A small claims case is how you recover money afterward.

Do I need a lawyer to sue my landlord in small claims?

No. Parties generally represent themselves in small claims court (CCP § 116.530). Having your claim, dates, and damages reviewed before you file still helps you ask for the right amount.

Can I also get my security deposit back in the same case?

If your deposit is also in dispute, it may be part of the same claim against the landlord. The deposit has its own rules and deadlines under Civil Code § 1950.5; see our security deposit law guide.

Let Accessible Justice Build Your § 789.3 Claim

A lockout or utility shutoff case turns on clean dates, solid evidence, and the right amount. Accessible Justice organizes your timeline and receipts, prepares your demand letter, and, if the landlord does not pay, prepares your SC-100. A licensed California attorney reviews your case before anything is sent.

This is general legal information, not legal advice for your specific situation. Accessible Justice's attorney reviews your case before any action is taken.

This is general legal information, not legal advice for your specific situation. Accessible Justice's attorney reviews your case before any action is taken.