Overview of Wrongful Evictions and Recoverable Damages

This article provides an overview of the most common “wrongful” eviction scenarios under California law, and the types of damages that may be recovered by a tenant in a wrongful eviction action against a landlord.   

What is a Wrongful Eviction?

A wrongful eviction occurs whenever a landlord displaces a tenant without following proper legal procedures, for retaliatory reasons, or without “just cause” in those jurisdictions requiring just cause for an eviction.  The legal framework is found in local and state eviction control laws and California court decisions interpreting such laws.  Some of the most common examples of a wrongful eviction are when a landlord seeks to evict a tenant by:

• interrupting or cutting utilities
• changing the lock or barring entry
• failing to perform necessary repairs required to make the unit habitable
• removing the tenant’s personal property or furnishings
• harassing or threatening conduct that violates the tenant’s right to “quiet use and enjoyment” of the rental
• abusing the tenant’s right to privacy by illegally entering the rental
• using an invalid notice to evict the tenant or otherwise failing to follow proper procedure

(See Cal. Civ. Code §§ 1940.2; 1940.35(2024);§ 789.3 (2024).)

What are the Recoverable Damages for a Wrongful Eviction?

A landlord and anyone who assists a landlord in attempts to wrongfully evict a tenant can be held liable for damages caused by the wrongful eviction. Accordingly, real estate agents, property managers, and relatives are often held liable for wrongful eviction. The damages awarded for wrongful eviction include (1) actual damages, (2) statutory damages, (3) punitive damages, and (4) emotional distress.

Actual damages refer to the financial losses incurred by the tenant resulting from the wrongful eviction. This may include costs such as temporary housing, moving expenses, storage fees, and loss of personal property. There is no specific limit on an award of actual damages in California.  The amount is determined based on the individual circumstances of each case and totality of the circumstances presented.

In addition to actual damages, tenants may also be entitled to statutory damages under California law. For example, under Civil Code section 789.3, a tenant can recover damages of up to $100 per day for each day the tenant is unlawfully kept out of their rental unit.  Under some local rent control ordinances, the damages are tripled. 

Emotional distress damages also are recoverable.  These damages recognize the psychological toll of being wrongfully evicted, which can include stress, anxiety, and humiliation. Courts consider the severity of emotional harm and the circumstances surrounding the eviction when determining appropriate compensation.

In some cases, tenants may also be eligible to seek punitive damages. These damages go beyond compensating for actual losses and are intended to punish landlords for their wrongful behavior.  As such, these damages are awarded in cases where the landlord’s behavior was especially egregious or malicious, serving as a deterrent against future misconduct. For instance, repeated illegal evictions could result in punitive damages.  Aggravating factors, like discriminatory motives or retaliatory actions, may further increase compensation.  In addition, states like California with extensive tenant protection laws often render higher awards compared to less tenant-friendly jurisdictions.

Lynx Legal has substantial experience handling evictions from start to finish at a fraction of the cost an attorney would charge.  Please contact us if you need assistance at 888-441-2355 or info@lynxlegal.com.  Our experienced professionals are standing by to take your order or answer any questions you may have.