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Illegal Evictions and Other Landlord No No’s (Criminal and Civil Liability) (CCP §789.3)

On Behalf of | Jul 15, 2016 | Landlord Tenant |

Don't pick fight with landlord

It’s been a while, but today I heard of a renegade landlord doing self help, so here is my warning to landlords who are fed up with their tenant.  Stop, call a lawyer or the police before taking the laws into your own hands or risk liability and a large lawsuit.  (See Code of Civil Procedure §789.3)  More below…

Code of Civil Procedure § 789.3. Prohibition of interruption or termination of utility service, restriction of access of tenant to property

  • (a)  A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his residence willfully cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration, whether or not the utility service is under the control of the landlord.
  • –>NOTE: This may include suspending garage entrance to the parking area, turning off internet, etc.
  • (b)  In addition, a landlord shall not, with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his or her residence, willfully:
    • (1)  Prevent the tenant from gaining reasonable access to the property by changing the locks or using a bootlock or by any other similar method or device;
    • (2)  Remove outside doors or windows; or
    • (3)  Remove from the premises the tenant’s personal property, the furnishings, or any other items without the prior written consent of the tenant, except when done pursuant to the procedure set forth in Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3.   Nothing in this subdivision shall be construed to prevent the lawful eviction of a tenant by appropriate legal authorities, nor shall anything in this subdivision apply to occupancies defined by subdivision (b) of Section 1940.
  • (c)  Any landlord who violates this section shall be liable to the tenant in a civil action for all of the following:
    • (1)  Actual damages of the tenant.
    • (2)  An amount not to exceed one hundred dollars ($100) for each day or part thereof the landlord remains in violation of this section. In determining the amount of such award, the court shall consider proof of such matters as justice may require; however, in no event shall less than two hundred fifty dollars ($250) be awarded for each separate cause of action. Subsequent or repeated violations, which are not committed contemporaneously with the initial violation, shall be treated as separate causes of action and shall be subject to a separate award of damages.
  • (d)  In any action under subdivision (c) the court shall award reasonable attorney’s fees to the prevailing party. In any such action the tenant may seek appropriate injunctive relief to prevent continuing or further violation of the provisions of this section during the pendency of the action. The remedy provided by this section is not exclusive and shall not preclude the tenant from pursuing any other remedy which the tenant may have under any other provision of law.