california civil code 789.3 makes it illegal for a California landlord to lock you out, cut your utilities, or take your things to force you to move. Under california civil code 789.3, a court can award up to $100 for each day the violation continues, and never less than $250 for each separate cause of action.
What California Civil Code 789.3 Actually Says
The law is short. It has four parts. Subdivision (a) covers utilities. A landlord cannot willfully interrupt or end your utility service to make you leave. The list includes water, heat, light, electricity, gas, telephone, elevator, and refrigeration. It also covers “direct or indirect” acts. It applies whether or not the landlord controls the utility.
Subdivision (b) covers lockouts. Under california civil code 789.3, a landlord cannot change the locks, use a bootlock, or use any similar device to keep you out. They also cannot remove outside doors or windows. And they cannot remove your belongings or furniture without your prior written consent. There is one exception. That is the legal abandoned-property process in Chapter 5, which starts at Section 1980.
Subdivisions (c) and (d) cover penalties, fees, and court orders. The table below lays out every rule in california civil code 789.3. The current text was last amended by Stats. 1979, Ch. 333. You can read it on the official California Legislative Information site.
| Provision | Exact rule | Section |
|---|---|---|
| Utility shutoff | No willful interruption or ending of utilities (water, heat, light, electricity, gas, telephone, elevator, refrigeration) to end your occupancy | 789.3(a) |
| Lockout | No changing locks, using a bootlock, or any similar method or device | 789.3(b)(1) |
| Doors and windows | No removing outside doors or windows | 789.3(b)(2) |
| Your belongings | No removing your property without prior written consent, except under the process starting at Section 1980 | 789.3(b)(3) |
| Actual damages | Landlord is liable for the tenant’s actual damages | 789.3(c)(1) |
| Daily penalty | Up to $100 for each day or part of a day; never less than $250 per separate cause of action | 789.3(c)(2) |
| Repeat violations | Later violations that do not happen at the same time as the first one count as separate causes of action, with a separate award | 789.3(c)(2) |
| Attorney’s fees | Court shall award reasonable attorney’s fees to the prevailing party | 789.3(d) |
| Court order | Tenant may seek injunctive relief while the case is pending | 789.3(d) |
| Other remedies | This remedy is not exclusive; other laws still apply | 789.3(d) |
Who California Civil Code 789.3 Covers (and Who It Does Not)
california civil code 789.3 protects tenants who use the property as their residence. It applies to “any lease or other tenancy or estate at will, however created.” In most cases, that means a written lease, a month-to-month rental, or even a verbal agreement. You do not need a formal lease to be protected.
However, the law has limits. It covers a place used as a residence, so a purely commercial space falls outside it. It also requires intent. The landlord must act to end your occupancy. For example, a short, announced water shutoff for a real repair may not qualify. Still, a “repair” that never seems to end can look like pressure to move out.
Local rules can add more. Some California cities have tenant-protection or anti-harassment ordinances with their own penalties. Those rules vary by city, so check with your local rent board or legal-aid office. The protections in california civil code 789.3 apply statewide, on top of any local rule.
What Your Landlord Must Do Under This Law
This law is mostly a list of things a landlord cannot do. The other side is simple. To remove you, your landlord must go through the court eviction process. A landlord who wins in court still cannot change the locks on their own. Only law enforcement, acting on a court order, can carry out an eviction.
Your landlord must also keep their hands off your utilities. The ban in california civil code 789.3 covers direct and indirect acts. For example, a landlord cannot ask the utility company to cut your service, even if the account is not in their name. Your belongings are protected too. A landlord needs your prior written consent to remove them. The only exception is the abandoned-property process starting at Civil Code Section 1980.
That process has its own notice steps, so confirm them in the official code or with legal aid.
What You Can Do When It Is Broken
First, stay safe and document everything. Take dated photos of changed locks, removed doors, or shutoff notices. Save every text, email, and letter. Write down each day you are locked out or without service. As a result, you will have proof of how long the violation lasted.
Next, you can sue under california civil code 789.3. You may recover your actual damages, like hotel costs or spoiled food. The court can also award up to $100 per day of violation. The minimum is $250 for each separate cause of action. If the landlord does it again later, that counts as a new cause of action with its own award.
You can also ask the court for injunctive relief. That is an order to stop the lockout or restore service while your case goes on. However, know one risk. The court must award reasonable attorney’s fees to the “prevailing party.” That could be you or the landlord. Also, california civil code 789.3 is not your only option, because other laws may also help. If you face an active eviction or a lockout right now, contact a local legal-aid office or tenant attorney today.
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Frequently Asked Questions
I got a letter citing california civil code 789.3. What does it mean?
Typically, it points to California’s ban on self-help eviction. The letter is about lockouts, utility shutoffs, or removing a tenant’s property. Read it closely, and ask a legal-aid office if it demands anything from you.
Can my landlord shut off utilities if I am behind on rent?
Not to force you out. california civil code 789.3 bans willful shutoffs meant to end your tenancy, even if you owe rent. The landlord must use the court eviction process instead.
How much money could I get?
It depends on your facts. The court can award your actual damages, plus up to $100 per day of violation. The minimum is $250 for each separate cause of action, but no result is guaranteed, so check with your court or a legal-aid office.
Protect your stuff while you sort this out
A landlord’s insurance does not cover your belongings — renters insurance does, often for a few dollars a month. Compare options before your next move.
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Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
California Renter Guides
- California Eviction Process
- California Tenant Rights
- California Security Deposit Law
- California Rent Increase Laws
- California Repairs and Habitability
- Breaking a Lease in California
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Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.