Last updated 2026-07-25
TL;DR
AB 628, signed in 2023, amends California Civil Code Section 789.3 to let tenants recover attorney's fees and costs when a landlord illegally locks them out, shuts off utilities, or removes their belongings without a court order. It doesn't create new inspection or licensing duties; it raises the financial risk of self-help evictions.
What is AB 628 and what does it actually change for California landlords?
AB 628 is a California bill that amended Civil Code Section 789.3, the state's long-standing ban on landlord "self-help" evictions. Self-help means locking a tenant out, shutting off water or power, or removing their belongings without going through court, and California has barred it since the 1970s. What AB 628 adds is teeth: it lets a tenant who wins a Section 789.3 claim recover reasonable attorney's fees and costs, more than the flat statutory penalty that existed before [1]. Before AB 628, Section 789.3(c) already let a tenant sue for actual damages and a penalty of up to $100 per day, with a $250 minimum, for each day the illegal lockout continued [1]. That penalty structure hasn't gone away. What changed is that a tenant who prevails can now also get their lawyer's fees paid by the landlord, which matters a lot in a state where attorney's fees on a contested case can dwarf the statutory penalty itself. The bill took effect January 1, 2024, along with the rest of that year's general legislation, per the standard effective-date rule for California statutes not passed as urgency measures [2]. If you own a handful of units in California, this bill isn't about registration numbers or inspection checklists. It's about what happens if you (or a property manager working for you) try to force a tenant out without a court order.
What counts as illegal self-help under California Civil Code 789.3?
Civil Code Section 789.3(b) spells out exactly what a landlord cannot do to end a tenancy or push a tenant out, regardless of how much rent is owed or how bad the tenant's behavior has been. The statute says a landlord "shall not" do any of the following: prevent the tenant from entering the property by changing the locks or otherwise blocking access, cut off utilities intentionally, remove outside doors or windows, or remove the tenant's personal property from the unit unless the removal follows a legal process [1]. The only lawful way to end a tenancy in California is through the unlawful detainer court process, or a mutual agreement to leave with proper notice. That's true even if the tenant hasn't paid rent in months. A landlord who gets frustrated and just changes the locks, or has the power company shut off the account, is exposed to the statutory penalty and, since AB 628, the tenant's attorney's fees. This rule applies whether the landlord owns one unit or five hundred. Small landlords sometimes assume the rules are looser for them because they don't have a leasing office or on-site staff. They aren't. A one-unit accidental landlord in Fresno faces the same Section 789.3 exposure as a large management company in Los Angeles.
Why does AB 628 matter more for small landlords than big ones?
Large property management companies already have eviction attorneys on retainer and rarely resort to self-help; the legal exposure was already too obvious to them. Small landlords with 1 to 10 units are more likely to try to handle a bad tenant situation themselves, especially if they're managing the property without a lawyer or a licensed property manager involved. That's exactly the gap AB 628 targets. Before the fee-shifting change, a tenant harmed by an illegal lockout might have been stuck eating attorney's fees even after winning, which discouraged some tenants (and their legal aid attorneys) from bringing claims that were otherwise clearly winnable. Legal aid and tenant rights groups sponsored AB 628 specifically because attorney's fees are often the practical barrier to enforcing Section 789.3. Now that fee-shifting exists, tenant attorneys have a stronger financial incentive to take these cases, including against a landlord who thought a quick lockout would save them a costly unlawful detainer filing. If you're an individual landlord, the message is blunt: never change the locks, cut the power, or haul the tenant's stuff to the curb, no matter how satisfying it feels in the moment. File in court. It costs more upfront, but the risk math has shifted hard against self-help since 2024.
How much notice does a landlord have to give before entering or ending a tenancy in California?
California landlords generally must give at least 24 hours written notice before entering an occupied rental unit for repairs, inspections, or showings, under Civil Code Section 1954, except in emergencies [3]. This is separate from AB 628 and Section 789.3, but it's part of the same broader legal framework governing how landlords interact with tenants without going to court. For ending a tenancy, notice periods depend on the reason and the tenant's history at the unit. A typical nonpayment of rent notice is a 3-day pay-or-quit notice under Code of Civil Procedure Section 1161, though local rent control ordinances and the statewide Tenant Protection Act (Civil Code Section 1946.2) can extend timelines or require just cause for tenants who've lived in the unit a year or more [4]. For no-fault terminations under the Tenant Protection Act, landlords generally owe 60 days notice, and in some cases relocation assistance. None of these notice periods matter if a landlord skips the court process entirely and just locks the tenant out, which is exactly the self-help scenario Section 789.3 and AB 628 punish. Notice rules and eviction procedure are a state and local patchwork; if you're unsure what applies to your unit, check with your city's rent board or a local tenant-landlord attorney before acting.
Who is responsible for a rental property walk-through inspection in California?
For move-in and move-out inspections, California Civil Code Section 1950.5 puts the responsibility on the landlord to document the unit's condition, particularly for security deposit deductions. If a landlord wants to withhold deposit money for damage beyond normal wear and tear, the landlord bears the burden of proving that damage existed, and an initial move-in inspection with photos and a signed checklist is the landlord's best evidence [5]. California law also gives tenants the right to request a pre-move-out inspection under Section 1950.5(f), typically conducted within two weeks before the tenant vacates, so the tenant can fix cheap-to-fix issues themselves and avoid deposit deductions. The landlord must give the tenant at least 48 hours notice of that inspection and provide an itemized list of anything that would result in a deduction [5]. Separately, if your unit sits in a city with mandatory rental licensing or inspection (common in Los Angeles's Systematic Code Enforcement Program, for example, or various Bay Area cities with proactive rental inspection ordinances), a city inspector, not the landlord, is responsible for the health-and-safety compliance inspection. Confirm with your city rental licensing office what triggers a mandatory inspection and how often it recurs, since these programs vary block by block across California and there's no single statewide inspection mandate outside the deposit-related Section 1950.5 rules.
What can a landlord look at during an inspection?
During a routine or pre-move-out inspection, a landlord (or their agent) can generally look at anything relevant to the physical condition of the rental unit: walls, floors, appliances, plumbing fixtures, smoke and carbon monoxide detectors, and any damage beyond normal wear and tear. The inspection is not a general search of the tenant's belongings or an excuse to look through personal property, drawers, or closets unrelated to the unit's condition. California's entry rules under Civil Code Section 1954 limit lawful entry purposes to specific categories: making necessary or agreed repairs, showing the unit to prospective tenants or buyers, in an emergency, or when the tenant has abandoned the property [3]. An inspection tied to deposit deductions falls under the general maintenance and repair-assessment purpose. Landlords should stick to documenting condition, not evaluating how the tenant lives. For a city-mandated rental housing inspection (health and safety code enforcement), the inspector typically checks things like working smoke detectors, functioning heat, plumbing that doesn't leak, safe electrical wiring, adequate egress from bedrooms, and the absence of pest infestations or mold. What's covered depends entirely on the local ordinance; confirm with your city rental licensing office for the specific checklist used in your jurisdiction.
Why do landlords require renters insurance?
Renters insurance protects the tenant's personal belongings and gives them liability coverage if they accidentally cause damage (a kitchen fire, an overflowing tub) that spreads beyond their unit. Landlord insurance policies typically only cover the building structure and the landlord's own property, not the tenant's furniture, electronics, or clothing, and usually don't cover liability for incidents the tenant caused. Requiring renters insurance as a lease condition shifts financial risk away from the landlord. If a tenant's negligence causes a fire that damages three other units, a renters insurance liability policy (often $100,000 to $300,000 in coverage) can pay for that damage instead of the landlord's policy absorbing the loss or the landlord suing an uninsured tenant who has no money to pay a judgment. California law doesn't require landlords to mandate renters insurance, but it's common practice and generally enforceable as a lease term as long as it's applied consistently and disclosed before signing. If you require it, be specific about minimum coverage amounts and require proof of an active policy at move-in and renewal, more than a one-time certificate.
What rights do tenants have without a written lease?
A tenant without a written lease in California still has full legal protections; verbal or month-to-month tenancies are legally valid, and the absence of paperwork doesn't strip away rights. Under a month-to-month tenancy without a fixed-term lease, the tenant still gets the habitability protections of Civil Code Section 1941 (the implied warranty of habitability), protection from illegal lockouts under Section 789.3, the entry notice rules of Section 1954, and eviction protections under the unlawful detainer statutes. If the tenant has lived in the unit for 12 months or more, California's statewide just cause eviction protections under the Tenant Protection Act (Civil Code Section 1946.2) generally still apply even without a written lease, in properties not otherwise exempt from that law [4]. Exemptions exist for certain single-family homes with proper notice, newer construction, and a handful of other categories, so eligibility varies by property. What a tenant without a lease typically lacks is certainty: rent amount, notice period for changes, and specific rules can be harder to prove or dispute without a signed document. That's exactly why both landlords and tenants benefit from putting terms in writing, even a simple one-page agreement, rather than relying on verbal understanding alone.
How to become a landlord in California: the basic steps
Becoming a landlord in California starts well before you list a unit for rent. Here's the realistic sequence: 1. Confirm the property's zoning and any local rental registration or licensing requirement. Many California cities (Los Angeles, Oakland, Berkeley, and others) require landlords to register rental units or obtain a business license before renting, often tied to rent control coverage. Confirm with your city rental licensing office whether your address is covered. 2. Get proper insurance. A landlord (dwelling) policy differs from a standard homeowner's policy; you need coverage designed for a rented property, including liability protection. 3. Understand state and local tenant protections before you draft a lease or set a rent amount, including the Tenant Protection Act's rent cap and just-cause rules where applicable [4]. 4. Screen tenants consistently and legally, following fair housing law under the Fair Employment and Housing Act and federal Fair Housing Act; apply the same criteria to every applicant. 5. Handle the security deposit correctly: California caps deposits and sets rules for itemized deductions and return timelines under Civil Code Section 1950.5 [5]. 6. Learn the entry notice and self-help rules covered above, since violating them (even unintentionally) creates real liability. Many first-time landlords in licensed cities find the local paperwork, not the state law, is what trips them up: missed renewal deadlines, missing a required inspection window, or not knowing a business license is even required. If you want a structured way to track a specific city's registration, licensing, and inspection requirements before your first tenant moves in, the City Rental License & Inspection Prep Packet is a one-time $79 tool built for exactly that gap. It doesn't replace your city's own rules, but it helps you organize what to ask for and when.
What is landlording, and what does the job actually involve day to day?
"Landlording" is the practical, ongoing work of owning and managing a rental property: collecting rent, handling repair requests, keeping the unit compliant with health and safety code, managing tenant turnover, and staying current on the legal rules that govern the relationship. It's distinct from simply owning real estate; a landlord has an active, ongoing relationship with a tenant that carries legal duties. Day to day, landlording usually means responding to maintenance requests within a reasonable time (California's implied warranty of habitability under Civil Code Section 1941 requires landlords to keep units fit for human habitation), handling lease renewals or terminations correctly, budgeting for repairs and vacancy, and keeping records: photos, communications, and receipts that protect you if a dispute ends up in small claims or unlawful detainer court. For a landlord with 1 to 10 units, this work is usually done without a property manager, which means the owner is personally responsible for knowing the rules covered throughout this article, not delegating that knowledge to staff.
What is a landlord, legally speaking?
A landlord is the party that owns or controls a rental property and rents it to a tenant in exchange for payment, typically under a lease or rental agreement, written or verbal. Legally, the landlord holds specific duties toward the tenant, including maintaining habitable conditions, respecting the tenant's right to quiet enjoyment of the unit, following legal procedures to end a tenancy, and returning security deposits according to statute [5]. In California, a landlord doesn't need a special state license just to rent out property (unlike, say, a real estate broker), but many cities require registration or a rental housing license as a condition of legally renting a unit within city limits. That local licensing requirement is separate from the state civil code duties discussed here, and it's the layer most likely to trip up a small landlord who assumes state compliance is enough.
What can't a landlord do? A quick cross-state comparison note
Readers sometimes search specifically for what a landlord "cannot do" in a state other than California, like Ohio, while researching general landlord obligations. Ohio's landlord-tenant law, codified in Ohio Revised Code Chapter 5321, prohibits landlords from retaliating against a tenant for exercising a legal right (like reporting a code violation), from shutting off utilities to force a tenant out, and from entering the unit without reasonable notice, generally interpreted as 24 hours in most circumstances [6]. The overlap with California is real: both states ban landlord self-help (illegal lockouts and utility shutoffs) and both require advance notice before entry. The specifics differ though. Ohio's habitability and entry statutes run through Chapter 5321 rather than the Civil Code, and Ohio doesn't have a statewide rent cap or just-cause eviction law comparable to California's Tenant Protection Act. If you own property in more than one state, don't assume rules transfer. Check the specific statute for each state where you hold a rental.
What happens if a landlord violates AB 628 and Section 789.3?
A tenant who proves an illegal lockout, utility shutoff, or unlawful removal of belongings under Civil Code Section 789.3 can recover actual damages, a statutory penalty of $100 to $250 per day (with the $250 figure being the floor, not the ceiling, and the daily penalty capped at $100 per day of violation under the statute's language) [1], plus, since AB 628, reasonable attorney's fees and costs. For a landlord managing 1 to 10 units, a single Section 789.3 judgment, fees included, can easily exceed what an eviction filing and a few months of vacancy would have cost. Unlawful detainer filing fees in California Superior Court generally run in the few-hundred-dollar range depending on the county, plus process server and potential attorney costs, all of which is far cheaper than a losing 789.3 defense with fee-shifting attached. The practical lesson: if a tenant situation feels urgent enough to justify locking them out, it's urgent enough to file for an emergency court remedy instead, not to act outside the court system.
Frequently asked questions
Does AB 628 apply to all California landlords or just certain cities?
AB 628 amends state law (Civil Code Section 789.3), so it applies statewide, regardless of city or county. It has nothing to do with local rental registration or licensing programs, which vary by city and are a separate legal layer.
Can a landlord ever change the locks on a tenant in California?
Generally no, not while the tenancy is legally in effect. Locking out a tenant without a court order violates Civil Code Section 789.3, exposing the landlord to actual damages, a statutory penalty, and, since AB 628, the tenant's attorney's fees.
How much notice does a landlord have to give before entering a rental unit in California?
Generally at least 24 hours written notice, per Civil Code Section 1954, except in genuine emergencies. Notice must state the purpose of entry and generally must occur during normal business hours.
Who is responsible for a rental property walk-through inspection in California?
The landlord documents move-in and move-out condition under Civil Code Section 1950.5 to support any security deposit deductions. Tenants can request a pre-move-out inspection with 48 hours notice. Separately, city code inspectors (not the landlord) handle mandatory health-and-safety inspections where local ordinances require them.
What can a landlord look at during an inspection?
A landlord can inspect the unit's physical condition: walls, fixtures, appliances, smoke detectors, and signs of damage beyond normal wear and tear. Entry must fit one of the lawful purposes under Civil Code Section 1954, like repairs or showings, not a general inspection of the tenant's belongings.
Why do landlords require renters insurance?
Renters insurance covers the tenant's own belongings and gives them liability coverage if they cause damage that affects the building or other units. It shifts financial risk away from the landlord's own policy and reduces disputes over who pays for tenant-caused damage.
What rights do tenants have without a written lease in California?
Full legal protections still apply. A verbal or month-to-month tenancy still gets habitability rights, entry notice rules, protection from illegal lockouts, and, after 12 months in most non-exempt properties, just-cause eviction protection under the Tenant Protection Act.
How do I become a landlord in California?
Confirm local registration or licensing rules with your city, get proper landlord insurance, learn the state's tenant protection and deposit rules, screen tenants consistently under fair housing law, and put every agreement in writing before a tenant moves in.
What is landlording?
Landlording is the ongoing work of managing a rental property: collecting rent, handling repairs, staying compliant with habitability and safety code, and managing the legal relationship with a tenant, as distinct from simply owning the real estate.
What is a landlord?
A landlord is the person or entity that owns or controls a rental property and rents it to a tenant under a lease or rental agreement, carrying legal duties like habitability, notice before entry, and lawful eviction procedure.
What can't a landlord do in Ohio?
Under Ohio Revised Code Chapter 5321, a landlord can't retaliate against a tenant for exercising legal rights, can't shut off utilities to force a tenant out, and generally must give reasonable notice, commonly treated as 24 hours, before entering the unit.
Does AB 628 create new inspection or licensing requirements for landlords?
No. AB 628 only changes the remedy available to tenants under Civil Code Section 789.3 by adding attorney's fees. It doesn't touch rental registration, licensing, or inspection rules, which are set separately by individual California cities.
What's the penalty for an illegal lockout under California law?
Civil Code Section 789.3 allows a tenant to recover actual damages plus a statutory penalty, generally described as up to $100 per day with a $250 minimum, and, under AB 628 (effective 2024), reasonable attorney's fees and costs if the tenant wins.
Sources
- California Legislative Information, Civil Code Section 789.3: Text and penalty structure of California's ban on landlord self-help evictions, including the $100 per day/$250 minimum penalty.
- California Legislative Information, AB 628 (2023-2024): AB 628 amends Civil Code Section 789.3 to add attorney's fees and costs for prevailing tenants, effective January 1, 2024.
- California Legislative Information, Civil Code Section 1954: 24-hour notice requirement and lawful purposes for landlord entry into an occupied rental unit.
- California Legislative Information, Civil Code Section 1946.2: Statewide just-cause eviction protections and notice requirements under California's Tenant Protection Act for qualifying tenancies of 12 months or more.
- California Legislative Information, Civil Code Section 1950.5: Security deposit rules, landlord's burden of proof for deductions, and tenant's right to a pre-move-out inspection.
- Ohio Laws, Ohio Revised Code Chapter 5321: Ohio landlord-tenant law prohibiting retaliation, unlawful utility shutoffs, and requiring reasonable notice before entry.