Lock Out Letter

Date: _______________________

 

Dear Landlord/Manager:

You have threatened to lock me out of my apartment/house. I believe that I have a lawful right of tenancy and am subject to eviction only by Court order.

Tenants may only be evicted according to applicable provisions of the California Code of Civil Procedure and the California Civil Code. These require a landlord to give a tenant notice, and then, upon the tenant’s failure to comply with the lawful demand in the notice, file a complaint for unlawful detainer.

Only after an adverse judgment is entered against a tenant by the Court for possession of the unit does a Marshal or Sheriff with a Court order have the right to evict that tenant for the landowner. Only after gaining lawful possession of the rental property may you change the lock or remove my property.

Any unlawful lockout is punishable as a crime under California Penal Code Section 418.00. I may be able to sue you for a minimum of $250.00 or up to $100.00 per day of the violation plus additional damages under Civ. Code Sec. 789.3. This is a serious matter.

You might want to contact your attorney as soon as possible concerning your rights and responsibilities as a landlord.

Sincerely yours,

 

 

Tenant at : _________________________________________

 

 

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