A tenancy or other estate at will, however created, may be terminated by the landlord’s giving notice in writing to the tenant, in the manner prescribed by Section 1162 of the Code of Civil Procedure, to remove from the premises within a period of not less than 30 days, to be specified in the notice.
Estates in Real PropertyTermination of Estates
Section § 789
If you're renting a place or have some other temporary living arrangement without a fixed end date, your landlord can end this arrangement by giving you a written notice. This notice must follow certain legal requirements and give you at least 30 days to move out.
tenancy at will terminate tenancy written notice
Section § 789.3
This law states that landlords cannot intentionally cut off essential services like water and electricity, or block access to a rental property, to force a tenant to leave. It also prohibits landlords from taking a tenant's belongings without permission. If a landlord breaks these rules, they can be sued for damages, and a tenant can ask the court to stop the landlord's actions. Tenants can also recover legal fees if they win. These rules don't stop lawful evictions through proper legal processes.
(a)CA Civil Law Code § 789.3(a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his residence willfully cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration, whether or not the utility service is under the control of the landlord.
(b)CA Civil Law Code § 789.3(b) In addition, a landlord shall not, with intent to terminate the occupancy under any lease or other tenancy or
estate at will, however created, of property used by a tenant as his or her residence, willfully:
(1)CA Civil Law Code § 789.3(b)(1) 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;
(2)CA Civil Law Code § 789.3(b)(2) Remove outside doors or windows; or
(3)CA Civil Law Code § 789.3(b)(3) Remove from the premises the tenant’s personal property, the furnishings, or any other items without the prior written consent of the tenant, except when done pursuant to the procedure set forth in Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3.
Nothing in this subdivision shall be construed to prevent the lawful eviction of a tenant by appropriate legal authorities, nor shall anything in this subdivision apply to occupancies defined by subdivision (b) of
Section 1940.
(c)CA Civil Law Code § 789.3(c) Any landlord who violates this section shall be liable to the tenant in a civil action for all of the following:
(1)CA Civil Law Code § 789.3(c)(1) Actual damages of the tenant.
(2)CA Civil Law Code § 789.3(c)(2) An amount not to exceed one hundred dollars ($100) for each day or part thereof the landlord remains in violation of this section. In determining the amount of such award, the court shall consider proof of such matters as justice may require; however, in no event shall less than two hundred fifty dollars ($250) be awarded for each separate cause of action. Subsequent or repeated violations, which are not committed contemporaneously with the initial violation, shall be treated as separate causes of action and shall be subject to a separate award of damages.
(d)CA Civil Law Code § 789.3(d) In any action under
subdivision (c) the court shall award reasonable attorney’s fees to the prevailing party. In any such action the tenant may seek appropriate injunctive relief to prevent continuing or further violation of the provisions of this section during the pendency of the action. The remedy provided by this section is not exclusive and shall not preclude the tenant from pursuing any other remedy which the tenant may have under any other provision of law.
tenant rights utility service interruption landlord restrictions
Section § 790
Once a landlord gives proper notice to a tenant and the time given in that notice has passed, the landlord can take legal action to get their property back.
After such notice has been served, and the period specified by such notice has expired, but not before, the landlord may reënter, or proceed according to law to recover possession.
landlord notice period tenant property recovery legal action possession
Section § 791
This law says that if a property owner (grantor or lessor) has the right to take back their property under a contract, they can do so after giving three days’ notice. However, no notice is needed if the rental agreement didn't specify a length of time, and it was ended according to Section 1946 of the Civil Code.
Whenever the right of reentry is given to a grantor or a lessor in any grant or lease or otherwise, such reentry may be made at any time after the right has accrued, upon three days’ notice, as provided in sections 1161 and 1162, Code of Civil Procedure; provided, however, that the said three days’ notice shall not be required in cases where the hiring of real property is for a term not specified by the parties and where such hiring was terminated under and in accordance with the provisions of section 1946 of the Civil Code.
right of reentry grantor lessor
Section § 792
This law section points out that there's a specific set of rules in the Code of Civil Procedure that deals with situations where someone has taken over property by force or is keeping it unlawfully. If you need to get your property back from someone who is occupying it without your permission, the details are covered in another part of the law, specifically Sections 1159 to 1175.
Summary proceedings for obtaining possession of real property forcibly entered, or forcibly and unlawfully detained, are provided for in Sections 1159 to 1175, both inclusive, of the Code of Civil Procedure.
real property possession forcibly entered unlawfully detained
Section § 793
If someone has the right to take back a property they've leased to someone else, they can go to court to reclaim it anytime after that right kicks in. They don't need to give the warning notice that's usually required in these situations.
An action for the possession of real property leased or granted, with a right of re-entry, may be maintained at any time, after the right to re-enter has accrued, without the notice prescribed in section seven hundred and ninety-one.
possession of real property leased property right of re-entry
