Wrongful Eviction

Locked Out or Pushed Out? You Have Rights.

In California, a landlord cannot remove you on their own — only a court, and ultimately the sheriff, can carry out an eviction. Lockouts, utility shutoffs, harassment, retaliation, and bad-faith “no-fault” evictions are illegal, and they may entitle you to significant compensation. If you have been wrongfully evicted, Cal Tenant Attorneys can help.

Get Your Free Case Review
The Basics

What Is a Wrongful Eviction?

A “wrongful eviction” is any attempt to remove you from your home that skips the legal process California requires. It is an umbrella term — it covers illegal lockouts, shutting off utilities, harassment meant to drive you out, retaliation for asserting your rights, and evictions that lack a valid legal reason.

The key principle is simple: a landlord can never force you out on their own. No matter how much rent is owed or what a landlord claims you did, they must go to court, win a judgment, and have the county sheriff carry out the removal. Anything short of that process can be unlawful.

If a landlord, property manager, or corporate owner has tried to shortcut the law to push you out, you may have a claim — and you may be owed far more than you think.

The Many Forms It Takes

Common Types of Wrongful Eviction

Wrongful eviction is rarely as obvious as a notice on the door. It often looks like pressure, neglect, or intimidation designed to make you leave “on your own.”

Illegal Lockouts & Shutoffs

Changing the locks, removing your doors or belongings, or shutting off water, gas, or power to force you out is “self-help” eviction — illegal under California Civil Code §789.3, with penalties for the landlord.

Constructive Eviction

When a landlord lets a home fall into an unlivable state — ignoring severe mold, no heat, or broken plumbing — to force you to leave, the law may treat it as an eviction in disguise.

Retaliatory Eviction

Your landlord cannot evict you, raise your rent, or cut services to punish you for requesting repairs, reporting code violations, or organizing — protected under California Civil Code §1942.5.

Eviction Without Just Cause

Under the Tenant Protection Act (AB 1482), many renters who have lived in a unit for a year can only be evicted for a specific legal reason — and no-fault evictions generally require relocation assistance.

Fraudulent Owner Move-In

A landlord claims they or a relative will move in, you leave in good faith — then the unit is quickly re-listed at a higher rent. A bad-faith “owner move-in” can expose the landlord to serious liability.

Harassment & Intimidation

Repeated illegal entry, threats, abusive behavior, or threatening to report your immigration status to force a move-out can all be unlawful interference with your right to peacefully live in your home.

Do Any of These Apply?

Signs You May Have a Claim

  • Your key stopped working or the locks were changed without a sheriff’s notice
  • Your water, gas, or electricity was shut off by the landlord
  • Your doors, windows, or appliances were removed while you still lived there
  • You got a notice or rent increase soon after requesting repairs or complaining
  • You were pushed out for an “owner move-in” — then the unit was re-listed
  • Your landlord entered repeatedly without notice, threatened, or intimidated you
  • You were forced out by severe mold, no heat, or other unlivable conditions
  • You were told to leave with no valid legal reason after a year in the unit
Why It’s Worth Fighting

What a Wrongful Eviction Can Be Worth.

Every case is different, but California law is built to make wrongfully displaced tenants whole — and to punish landlords who break the rules. Depending on the facts, a claim may include:

Out-of-Pocket Costs

Reimbursement for hotels, moving and storage, lost wages, spoiled food from a utility shutoff, and damaged or lost belongings.

Statutory Penalties

For illegal lockouts and utility shutoffs, California Civil Code §789.3 provides set penalties on top of your actual damages.

Emotional Distress

Losing your home is traumatic. The stress, anxiety, and upheaval a wrongful eviction causes can be compensable harm.

Multiplied Damages

For bad-faith conduct, many California cities and statutes allow damages to be increased — in some cases up to three times (treble) the actual loss.

Lost-Lease Value

If you lost a rent-controlled or below-market home, you may be owed the difference between your old rent and today’s market rate over time.

Your Attorney’s Fees

Many tenant statutes shift attorney’s fees onto the landlord when you win — which is why we can often take these cases at no upfront cost to you.

Common Questions

Wrongful Eviction, Answered.

No. Regardless of how much rent is owed, “self-help” evictions are illegal in California under Civil Code §789.3. Only the sheriff can remove a tenant, and only after a court judgment. A landlord who locks you out or cuts your utilities may owe you penalties, damages, and your attorney’s fees.

Generally, no. California Civil Code §1942.5 prohibits retaliatory eviction. If a landlord tries to evict you, raise your rent, or cut services shortly after you request repairs, report a code violation, or organize with neighbors, the law may presume the action is retaliatory — and the landlord has to prove otherwise.

This can happen when a landlord obtains a judgment through improper or fraudulent service — meaning you never got the chance to defend yourself. These situations are urgent. Contact a tenant-rights attorney or legal aid right away; it may be possible to ask the court to set the judgment aside before a lockout occurs.

Eviction cases move extremely fast — you typically have only a short window after being served to file a written response, and missing it can cost you the case by default. Do not wait. The safest move is to contact an attorney or legal aid the same day you are served so your deadline can be confirmed and protected.

It depends on the conduct and where you live. A claim may include out-of-pocket costs, statutory penalties for lockouts and shutoffs, compensation for emotional distress, lost-lease value, and — for bad-faith conduct in many cities — multiplied (treble) damages. Egregious cases can be worth a great deal. A free case review is the best way to understand your situation.

These cases are fast-moving and technical, and small procedural mistakes can be costly. Because many California tenant laws shift attorney’s fees onto the landlord when you win, we are often able to take wrongful eviction cases with no upfront cost — and the case review is always free.

Were you forced out of your home? Let’s talk.