Police have ‘responsibility to intervene’ in illegal eviction lockouts, California AG says

California police must help protect tenants from landlords illegally locking them out of their rental housing, according to new guidance from the Attorney General’s Office.

Attorney General Rob Bonta said Wednesday that police have a “responsibility to intervene” when they witness landlords executing “self-help evictions,” or kicking tenants out without first going through the required court proceedings.

Only sheriff’s deputies or marshals are legally allowed to lock tenants out, and landlords must first obtain court orders before changing the locks.

“Nearly 1.5 million renters in California are at risk of eviction, struggling to put together next month’s rent as the cost of living continues to rise,” Bonta said in a statement. “While landlords may be frustrated, they have a responsibility to go through proper proceedings if eviction is the necessary next step. Let me be clear: That means filing a case in court. You cannot change the locks, shut off power, or remove personal property in order to force a tenant out of their home.”

Bonta laid out a series of responsibilities for law enforcement responding to illegal tenant lockouts.

▪ Law enforcement who don’t have a legal duty to enforce eviction court orders cannot help landlords illegally evict tenants “by force or threats.”

▪ Police responding to illegal lockouts “should advise the landlord or other persons involved that it is a misdemeanor to force tenants out of a rental property and should instruct them to allow the tenant back into the home.”

▪ Law enforcement should tell landlords to “seek legal advice if they have an issue with the tenant or to lawfully evict the tenant.”

▪ Police should document the incident through a report, even if they don’t arrest anyone.

“Today’s guidance underlines law enforcement’s important role in responding to reports of illegal evictions and their responsibility to intervene to enforce the law and stop self-help evictions when they see them,” Bonta said.

California eviction laws

California’s COVID-19 eviction protections — which applied only to tenants who sought emergency rental assistance — ended on June 30.

Cities and counties have their own programs that remain in effect, but the end of the California-wide effort left many tenants vulnerable to eviction.

Bonta said Wednesday he couldn’t provide data on how many self-help evictions complaints his office has received or where they may have originated.

“We have had enough complaints about self-help evictions that we wanted to make sure we provided clarity, guidance for our law enforcement partners across the state on this issue,” Bonta said during a news conference.

Under state law, most landlords must provide a “just cause” for eviction that falls into one of two categories: “no fault” or “at fault.” A landlord issuing a no fault eviction is asking tenants to move out for reasons beyond their control, including the owner or family members moving into units or the beginning of substantial remodeling.

Landlords can issue at fault evictions if tenants are not paying rent, are committing crimes on the property or illegally prohibiting access to units, among other reasons.

Tenants can fight evictions in civil court through the unlawful detainer process. Landlords can first issue notices giving tenants time to move out before taking them to court to evict them.

A lockout can’t occur before the eviction court process concludes.

Tenants dealing with evictions can visit lawhelpca.org to seek advice from a legal aid attorney. More information on tenants’ and landlords’ rights is available on California’s Housing is Key website at housing.ca.gov/tenant/resources.html.

This story was originally published July 13, 2022 at 1:53 PM.