Self-Help Eviction, Harassment, and Retaliation in California

Not legal advice. We’re property managers, not attorneys. This post reflects our professional experience — not legal counsel. For your specific situation, consult a licensed attorney ↓

Key Facts

California landlords can't lock out a tenant, shut off utilities, remove belongings, or harass a tenant into leaving, and can't evict, raise rent, or cut services in retaliation for a habitability complaint.

Citation
Civ. Code §§ 789.3, 1940.2, 1942.5
Status
In force
Jurisdiction
California
Applies to
All California residential landlords and their agents
Key numberValueAs of
Lockout or utility shutoffUp to $100 a day, at least $250 per cause of action, plus actual damagesOct 5, 2026
Harassment to force a move-outCivil penalty up to $2,000 per violationOct 5, 2026
Retaliation window180 days after a habitability complaint, inspection, or caseOct 5, 2026
Retaliation punitive damages$100 to $2,000 per act, for fraud, oppression, or maliceOct 5, 2026

Last reviewed Oct 5, 2026 · Checked against the official text

What it requires

  • Never interrupt utilities, change or bootlock the locks, remove doors or windows, or remove a tenant’s belongings to end an occupancy. Possession comes only through a lawful eviction.
  • Don’t use force, threats, menacing conduct, a significant and intentional violation of the entry rules, or threats about immigration status to push a tenant out. A good-faith warning about a lease violation is allowed.
  • For 180 days after a tenant’s good-faith repair notice, habitability complaint, inspection, or related court case, don’t evict, raise rent, or cut services in retaliation. A tenant current on rent can invoke this once in 12 months.
  • Acting within that window is allowed if the notice states the good-faith ground, which you must prove if it is disputed.
  • Retaliating because a tenant organized or joined a tenants’ association, or reporting or threatening to report a tenant to immigration authorities, is also illegal. Lease waivers of these rights are void.

Owner checklist

  • Use the court process for every possession case, even when rent is owed
  • Leave utilities, locks, and belongings alone during a dispute
  • Log each habitability complaint and its date
  • State the lawful ground in any notice served within 180 days of a complaint

From our East Bay files

We have never advised a client to change locks, shut off utilities, or take any other self-help step. When a tenant stops paying, we follow the legal process exactly: serve the correct notice, wait the full period, and file an unlawful detainer if needed.

All East Bay Properties, Emeryville

Article provided for general informational purposes only and does not constitute legal advice. California landlord-tenant law is subject to change, and local ordinances in Berkeley, Oakland, and other East Bay cities may impose requirements beyond those described here. Consult a licensed attorney or qualified property management professional before taking action based on any information in this guide.

Jason Crouch · Founder, All East Bay Properties · CA DRE #01295378 · Licensed broker and East Bay property manager since 2005
Jason Crouch · Founder,
All East Bay Properties

Jason Crouch is the founder of All East Bay Properties, which he established in Emeryville in 2005. For more than 20 years, he has managed residential rental properties across Oakland, Berkeley, Emeryville, and the broader East Bay — navigating some of California’s most tenant-protective rental markets in the country.

Jason holds a California real estate broker license (DRE #01295378) and is a member of the National Association of Residential Property Managers (NARPM) — the professional association for property management specialists — and is a member of the Bridge Association of Realtors. He has served as Chair of the Emeryville Chamber of Commerce, as incoming Chair of the Oakland Association of Realtors, and on the board of BridgeMLS. He was also a board member of ECAP, the Emeryville Citizens Assistance Program.

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