Legal Question in Landlord & Tenant Law in California

That's a trick question. A landlord is not entitled to the possession of the premises after a 3 day notice or 30 day notice or any other landlord generated notice is given. To gain possession of the premises, the landlord must file an unlawful detainer action, obtain a judgment of possession, have the court issue a writ of possession, and have the sheriff serve the writ of possession. Only after the time has run in the writ of possession may a landlord accompany the sheriff's deputy, see that the tenant is physically removed, and change the locks.

You might want to speak with an attorney in your area about your rights against the landlord. Certainly, the landlord is not permitted to change locks before (s)he goes through the legal process as Mr. Roach describes. The landlord's actions might make him/her liable to you for monetary damages.

Mr. Cohen assumes you are the tenant. If you are and the landlord has changed the locks on you, you need to talk to a lawyer or a tenants rights group immediately. You are entitled to an injunction allowing you back into your home and money damages.

If you are the landlord, however, heed Mr. Roach's answer carefully. Failure to follow each of the legal steps required for an eviction will result in delaying the eviction at best, and may subject you to money damages at worst. Definitely do NOT change the locks until the tenant has been legally evicted under a writ of possession, or has voluntarily vacated the premises.