Why Sonoma County landlords should think twice about self-help

May 25, 2010
By Richard Koman on May 25, 2010 9:56 PM |

I'm about to file suit against a low-income housing complex in Healdsburg, CA on behalf of a tenant who was locked out by the property manager. Granted she was behind in her rent and the landlord had initiated unlawful detainer proceedings, but the law forbids self-help and my client was locked out while she was still in legal possession.

California law -- like most states -- imposes statutory penalties and attorneys fees for illegal landlord self-help, which is why, OwnerSecrets.com has an article detailing some of the troubles landlords have gotten themselves into.

The article points to a few cases from around the country. These examples have relatively low amounts, but the point is well-taken:

[In South Carolina], Hanna Abdulla engaged in self help eviction by changing the locks and removing William Spano's personal property from the premise to the sidewalk. Hanna Abdulla claimed that she thought the tenant had abandoned the premises. The court was not persuaded by her claim and awarded Spano $1,800 for the 3 months of rent expense he incurred to live elsewhere. The court further awarded $1,200 in punitive damages and attorneys fees.

[In Ohio] the landlord changed the locks just before the end of the month upon learning that the tenants had shut off the utilities and removed most of their belongings. The trial court awarded the tenants only $96.77 in actual damages (they had paid rent through the end of the month but were deprived of the use of the apartment, and this was the prorated amount). But the trial court further awarded $1,000.00 in punitive damages and $1,462.00 in attorneys fees.