DON’T SHUT ME OUT!

Apparently, some landlords act like kings and queens, ruling their domain with a stick (literally!) and acting as if they are the law.

Having been served with an invalid “combo” notice to terminate their tenancy which informed the tenants that they had 30-days to relocate or, if they paid another month’s rent, their tenancy would be extended, the tenants opted for an extension of tenancy and paid the rent in full.

Having resided in the same home for eight years and faithfully paid their rent, the recent California rains exacerbated certain conditions in their home. Exterior walls were wet to the touch and covered in black mold, rats made their home in the basement and attic, and there was a leak in the sewer pipe beneath the home. This leak released methane gasses into the home, causing headaches and other ailments due to the noxious fumes.

As thanks for reporting these conditions in the home, the property owner served the tenants with an eviction notice while simultaneously demanding rent payments. When the tenants paid to extend their tenancy so that they could salvage their belongings which were now permeated with mold, the property owner accepted their rent check, cashed it, and changed the lock to the front door. She even barricaded the back door with a board and, yes, a stick to prevent access to the house!

Under Cal. Civ. Code section 789.3(b)(1), “A landlord shall not, with intent to terminate the occupancy…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…”

The statute continues to state that every day the tenants are locked out, there is a maximum $100 penalty per day and no less than a $250 penalty, actual damages (such as the cost to hire a locksmith), and attorneys’ fees. 

Looking in from a Window

If this happens to you, immediately call the police to report an unlawful lockout. You may have to provide evidence of your tenancy to the police such as a copy of your lease agreement, a copy of the notice, a copy of the most recent rent check, and evidence from your bank that the check was cashed to prove your legal right to occupancy. 

The police will confer with your landlord and attempt to resolve the issues between the parties involved or the issues may be decided in a court proceeding.

So, what's the moral of this story? If you are a landlord, don’t use self-help to evict your tenants. You must file an eviction proceeding in a court of law to lawfully evict your tenants. Resorting to a lock-out or shutting off the utilities, is strictly illegal.