Landlord changed locks, partial rent payment made in CA

[The_Saint]

What is the name of your state (only U.S. law)? CA

The son of a good friend has had the locks changed on his apartment by the apartment manager.

The apartment was shared by 4 people. One of their checks bounced, and the landlord has changed the locks. They are currently on a month-to-month lease.

I'm more familiar with AZ law, but this appears to be very illegal. Can anyone quote any law that applies to this situation?

Thanks

 

[justalayman]

just plug "california landlord tenant law" into a search engine. Lock-outs are illegal in most sitautions.

 

[panther10758]

This is an unlawful eviction. There is a procedure to follow to evict a non paying tenant this is not it!

 

[The_Saint]

Well, i am searching online but its not always easy to find the details your looking for.

What i have found so far is that this is a violation of civil vode 789.3.

 

[panther10758]

You cannot have locks changed until a court ordered eviction has taken place. Here is site wher eyou can search what is a lawful eviction this was not!

Landlord/Tenant Book Index - California Department of Consumer Affairs

 

[MIRAKALES]

First confirm whether an eviction was in process or whether eviction has been fully executed. Of course, it is against state law for LL to change locks without tenant authorization or execution of eviction. Most LLs would not evict or perform unlawful eviction (lockout) over a single bounced check. It sounds like a lawful eviction if all four tenant occupants have been denied entry and access. Otherwise, tenants would have notified police to report the illegal eviction.

It is most important to determined whether tenant is in immediate need of entry and access to premises, regardless of whether tenant has information about state law. Arrangements will need to be made with the LL in order to remove possessions if this is a legal eviction.

 

[justalayman]

You cannot have locks changed until a court ordered eviction has taken place. Here is site wher eyou can search what is a lawful eviction this was not!

Landlord/Tenant Book Index - California Department of Consumer Affairs

there are reasons for a lock-out where they are legal. If this is based solely on the payment situation, I agree it is illegal but just a reminder that there are generally situations that would allow the LL to lock them out prior to legal action.

 

[Cvillecpm]

Were ALL of the locks or just the lock on the 1 br of the roommate whose check bounced?....if the 3 other residents asked to EXCLUDE him for this reason, the lock change may be ok.

 

[sandyclaus]

Self-Help Eviction Tactics are ILLEGAL in CA

California Code of Civil Procedure 789.3 is what applies here. The LL may NOT use any self-help eviction tactics to block access to the rented premises. That means he CANNOT change the locks. He MUST use the proper legal process to evict the tenants, which means he must give proper notice, then upon expiration of that notice, he must file an Unlawful Detainer action. Only when the court grants possession to the LL may he change the locks.

This is known as a constructive eviction, and carries a daily monetary penalty if it can be proven in court. You should know that you are also entitled to regain access to the premises by any reasonable means necessary until such time as the LL obtains legal possession thru a proper court action. Have your friend call the police to have them order the LL to let them back into the apt and give your friend the new keys, or he could even break in to the apt himself or call a locksmith to regain access.

 

[Cvillecpm]

OP is playing "telephone" and does not know the WHOLE story.....I'm offering a scenario where OP's friend's son was the one who bounced the check and the other roommates want him out so they have asked the landlord to change the locks....

 

[panther10758]

That doesn't make it legal!

 

[Cvillecpm]

Again, we don't know the whole story and IF 3 of the 4 residents want the locks changed - FOR WHATEVER REASONS - the landlord should consider doing it for resident safety, etc.

 

[panther10758]

Maybe but your adding things to story that arent there far as we know.