Cal. Civ. Code § 38-12-510
Unlawful removal or exclusion.
Operative Text
(1) It is unlawful for a landlord to remove or exclude a tenant from a dwelling unit without resorting to court process, unless the removal or exclusion is consistent with article 18.5 of title 25 and the rules promulgated by the state board of health for the cleanup of an illegal drug laboratory; is with the mutual consent of the landlord and tenant; or unless the dwelling unit has been abandoned by the tenant, as evidenced by the return of keys, the substantial removal of the tenant's personal property, notice by the tenant, or the extended absence of the tenant while rent remains unpaid, any of which would cause a reasonable person to believe the tenant had permanently surrendered possession of the dwelling unit. Unlawful removal or exclusion includes the willful termination of utilities or the willful removal of doors, windows, or locks to the premises other than as required for repair or maintenance. If the landlord willfully and unlawfully removes the tenant from the premises or willfully and unlawfully causes the termination of heat, running water, hot water, electric, gas, or other essential services, the tenant may seek any remedy available under the law, including this part 5. (2) A tenant affected by a violation of this section may bring a civil action in a county court or district court of competent jurisdiction to restrain further violations and to recover damages, costs, and reasonable attorney fees. In the case of a violation, the tenant must be awarded statutory damages equal to the tenant's actual damages and the higher amount of either three times the monthly rent or five thousand dollars, as well as any other damages, attorney fees, and costs that may be owed. (3) A court may also order that possession be restored to a tenant who was affected by a violation of this section.
Colorado Revised Statutes § 38-12-510 prohibits landlords from removing or excluding a tenant from their home without going through the court process, with narrow exceptions for mutually agreed departures, legally confirmed drug-lab cleanups, or situations where the tenant has clearly abandoned the unit. The law also treats deliberate shutoffs of utilities or removal of doors, windows, or locks as forms of unlawful exclusion. A tenant harmed by a violation may sue in county or district court for restoration of possession, actual damages, statutory damages equal to the greater of three times the monthly rent or $5,000, plus attorney fees and costs.
Plain English — not legal advice.
Under § 38-12-510, compliant property operators use formal court proceedings—such as an eviction action—before removing a tenant or restricting access to a unit, rather than taking self-help measures. Operators also maintain all utilities, doors, windows, and locks in working order throughout the tenancy, making changes only as genuinely required for repair or maintenance. Because the statute's statutory-damages provision is significant, property managers generally document any claimed abandonment carefully, looking for objective evidence such as returned keys, substantial removal of belongings, or written notice from the tenant before treating a unit as vacated.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 38-12-510 gives Colorado tenants the right to remain in their home until a landlord obtains a court order, and it treats deliberate utility shutoffs or removal of doors, windows, or locks as violations of the same rule. If a landlord violates this provision, tenants have the right to file a civil action in county or district court seeking restoration of possession, actual damages, and statutory damages set at the higher of three times the monthly rent or $5,000, along with attorney fees and costs. Tenants who believe their landlord has engaged in unlawful removal or exclusion may wish to document the situation thoroughly, contact a local tenant-rights organization, or consult an attorney familiar with Colorado housing law to understand the options available under this section.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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