How to Fight an Illegal Eviction in California

If you're a renter in California and your landlord is attempting to evict you without following the proper legal process, it's important to understand your rights and options. California has strong protections for tenants facing illegal evictions, and there are official steps you can take to defend your home and avoid being forced out unlawfully. This guide explains what to do if you believe you're being evicted illegally, the role of California's courts and housing authorities, and the forms and steps you'll need to know.

What Is an Illegal Eviction in California?

An illegal eviction happens when a landlord tries to remove a tenant without following California’s legal eviction process. Common examples include:

• Changing the locks without a court order
• Removing your belongings from the unit
• Shutting off utilities (like water or electricity) to force you out
• Evicting you without a valid written notice or court judgment

Under California Civil Code Section 789.3, these actions are strictly prohibited, and tenants have the right to take action.

California’s Legal Eviction Process

Landlords must follow a specific legal procedure before removing a tenant. Here’s a basic overview:

• Serve the correct eviction notice (for example, a 3-Day Notice to Pay Rent or Quit)
• If the tenant does not comply, file an Unlawful Detainer (eviction lawsuit) in court
• Get a court judgment for possession
• If the court rules for the landlord, only the county sheriff can carry out the eviction with a Writ of Possession

Anything outside of this official process is considered illegal.

Your Rights as a Renter Facing Illegal Eviction

• You cannot be locked out, have your property removed, or be harassed to leave without a court order
• You have the right to remain in your home until the court process is complete
• You may be entitled to file a complaint or seek financial damages if your rights are violated

Relevant California Legislation

The main law covering tenant protections from illegal eviction is California Civil Code Sections 1940–1954. The eviction process is governed by California Code of Civil Procedure Sections 1159–1179a.¹

How to Fight an Illegal Eviction: Steps for California Renters

If you’re subject to an illegal eviction, take the following steps to protect yourself:

• Stay Calm and Document Everything
  • Take photos or videos of your home and any lock changes, shutoffs, or posted notices
  • Keep communication records between you and your landlord
• Contact Local Law Enforcement
  • If you’re locked out or threatened, call your local police or sheriff’s office for help enforcing your right to re-enter the home
  • Explain you are a tenant and that a court order is required for eviction in California
• Notify the Landlord in Writing
  • Send a letter or email stating you know your rights and demand restoration of utilities or access, if applicable
• File a Complaint or Take Legal Action
  • File a complaint with your city or county’s housing department if available
  • Consider filing a lawsuit for damages under California Civil Code 789.3 or for unlawful eviction
• Respond If You Receive an Eviction Lawsuit
  • If you are served with an official court document called a Summons and Complaint—Unlawful Detainer (Form UD-100), you typically have 5 days to respond

Key Forms for Tenants Defending Against Eviction

• Answer—Unlawful Detainer (Form UD-105)
  • Download from California Courts
  • When to use: File this form with the court within 5 days if you are served with an Unlawful Detainer lawsuit (eviction). For example, if the landlord files an eviction but did not provide proper notice or is evicting you for an illegal reason, the Answer lets you tell the judge your side.
• Request for Stay of Eviction (Form UD-150)
  • Download from California Courts
  • When to use: If you have received a notice from the sheriff that you will be locked out, you can use this form to ask the judge for extra time to move, usually up to 40 days.

You can find more information and additional forms on the California Courts Self-Help Eviction Resource page.

Where Are Evictions Handled?

In California, eviction cases are heard by the California Superior Court. You can search for your local court here.

FAQ: Fighting Illegal Eviction in California

1. What can I do if my landlord locks me out or shuts off utilities without a court order?
   You can call the police and report a "lockout" or illegal eviction. Landlords must have a court order and a sheriff to remove tenants. You can also file a court claim for damages.
2. What is an Unlawful Detainer?
   An Unlawful Detainer is the legal term for an eviction lawsuit. This is the only way a landlord can legally evict you in California.
3. How quickly must I respond to an eviction lawsuit?
   You have 5 days from being served an Unlawful Detainer Summons and Complaint to file your Answer (Form UD-105) in court.
4. Can I get extra time to move if the court rules against me?
   Yes, you can file a Request for Stay of Eviction (Form UD-150) to ask for more time, usually up to 40 days, in certain situations.
5. What should I document during an illegal eviction attempt?
   Save photos, videos, written notices, correspondence, and names/numbers of police or city officials contacted. This is vital for your legal defense.

Key Takeaways for California Renters

• Landlords cannot legally evict you without a court process in California.
• If you are locked out, harassed, or denied utilities, contact law enforcement and document everything.
• File the correct court forms and seek official support if an illegal eviction is in progress.

Documentation and quick action are crucial if you believe your eviction is illegal.

Need Help? Resources for Renters

• California Courts Self-Help Eviction: Official resources and forms
• Find Your Local Superior Court
• California Housing Is Key - Eviction Protections
• California Civil Rights Department: Tenant Complaints
• LawHelpCA: Local Legal Aid and Tenant Support

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1. See California Civil Code Section 789.3 and California Code of Civil Procedure Sections 1159–1179a.
2. California Courts Eviction Self-Help official guidance

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