Can a Commercial Landlord Change the Locks in California?

Last updated: November 2026. Reviewed by Pavel Kolmogorov, California business litigation attorney (State Bar No. 321018).

No. A California commercial landlord may not change the locks to remove a tenant, even over unpaid rent and even if the lease says the landlord may re-enter. Retaking a space the tenant has not surrendered, without a court judgment, is generally a forcible entry or forcible detainer. (Code Civ. Proc., §§ 1159, 1160.) The tenant can sue to get back in and to recover damages, including for inventory held inside. Kolmogorov Law, P.C. handles commercial lockout disputes for tenants and landlords in Orange County and Los Angeles.

Call (909) 235-6116 or contact us online to discuss a lockout that just happened, or a non-paying tenant you want out lawfully.

Why self-help eviction is unlawful

The forcible entry statute reaches every person who enters real property by breaking open doors or windows, or who enters peaceably and then turns out the party in possession by force, threats, or menacing conduct. (Code Civ. Proc., § 1159, subd. (a).) The party in possession includes any person who hires real property, which covers a business tenant. (Code Civ. Proc., § 1159, subd. (b).) A companion statute covers the landlord who slips in while the occupant is away and then refuses, for five days after a demand, to give the space back. (Code Civ. Proc., § 1160, subd. (a)(2).)

The California Supreme Court applied these statutes to a landlord in Jordan v. Talbot. The landlord used a key to open the tenant's unit while she was out and removed her belongings. The court held that unlocking the door without her consent was a forcible entry under the statute, even with no physical damage and no violence. (Jordan v. Talbot (1961) 55 Cal.2d 597, 605-606.)

That case involved an apartment. The statutes it applied are not limited to housing, and the opinion relied on an earlier case about a retail store.

A lease clause does not change the answer

Many commercial leases say the landlord may re-enter and retake the premises on default. Landlords read that sentence as permission. It is not.

In the same decision, the court said a right of re-entry is no defense to a forcible entry claim, and that a lease provision expressly permitting a forcible entry would be void as contrary to public policy. Possession may be disturbed only by legal process, whoever has the better right to it. The court gave the same answer to the landlord's claimed lien on the property inside. (Jordan v. Talbot, supra, 55 Cal.2d at pp. 603-605, 609-610.)

What a locked-out tenant can recover

Beyond the forcible entry itself, the tenant need only show that it was peaceably in actual possession when the entry occurred. For a forcible detainer, the tenant shows it was entitled to possession. (Code Civ. Proc., § 1172.) Who owed what under the lease is a separate question.

A tenant who proves the claim is entitled to a judgment restoring possession and to the damages the lockout caused. (Code Civ. Proc., § 1174, subds. (a), (b).) For a store or restaurant, that usually means profits lost while the doors were closed, spoiled goods, and the cost of emergency arrangements. Our page on lost profits explains how those are proved. If malice is shown, the court may add statutory damages of up to $600, and a separate statute permits judgment for three times the actual damages for a forcible or unlawful entry into a building. (Code Civ. Proc., §§ 735, 1174, subd. (b).) Trebling is discretionary.

Inventory, equipment, and records held behind the new lock raise a second claim. Refusing to return a tenant's property can be conversion.

One statute tenants often cite does not apply. The daily penalties for lockouts and utility shutoffs are written for property used as a residence. (Civ. Code, § 789.3, subds. (b), (c).)

How to get back in quickly

Speed matters more than the perfect complaint.

Do not break back in. A second forced entry invites a confrontation and muddies a clean claim.
Photograph the locks, any posted notice, and what is visible inside.
Send a written demand for immediate possession the same day, and keep proof of delivery.

If the landlord does not relent, the tenant can file a forcible entry or detainer action, which receives calendar priority over most civil cases. (Code Civ. Proc., § 1179a.) In urgent cases we also ask for a temporary restraining order directing the landlord to restore access while the case proceeds.

If you are the landlord

I understand the temptation. The tenant is months behind, the space is dark half the week, and a locksmith costs less than a lawsuit. But a lockout hands a defaulting tenant an affirmative claim that can exceed the unpaid rent.

The lawful route is a three-day notice followed by an unlawful detainer, which California designed to be fast. Our page on commercial evictions walks through it. If the tenant appears to be gone for good, there is a statutory notice of belief of abandonment for commercial property. It requires rent unpaid for at least the lease's default period (and no less than three days), a reasonable belief that the tenant has abandoned, and a termination date at least 15 days out. (Civ. Code, § 1951.35, subd. (c).) A tenant stops that process by answering in writing, before that date, that it does not intend to abandon and giving an address for service. (Civ. Code, § 1951.35, subd. (b).)

Inventory and equipment left inside

After a tenancy has lawfully ended and the tenant has vacated, a landlord may use an optional notice procedure to deal with property left behind. (Civ. Code, § 1993.02, subd. (a).) The notice must describe the property and give the tenant at least 15 days after personal delivery, or 18 days after mailing, to claim it. (Civ. Code, § 1993.03, subd. (b).) Unclaimed property generally must be sold at a public sale, unless the landlord reasonably believes its total resale value is under $2,500 or one month's rent, whichever is greater. (Civ. Code, § 1993.07, subd. (a).)

That procedure assumes the tenant left. A landlord who created the vacancy by changing the locks should not expect it to provide cover.

What to bring to the first meeting

The lease, amendments, and any default or three-day notices.
Photos of the locks and anything posted on the door.
A list of the inventory, equipment, and records inside, with rough values.
Sales records showing what the business earns in an ordinary week.
All messages with the landlord or manager before and after the lockout.

Frequently asked questions

My landlord changed the locks on my shop over a rent dispute and my inventory is inside. Is that legal in California?

No. California requires a landlord to use the court process, and a lockout without a judgment is generally a forcible entry or detainer even when rent is owed. (Code Civ. Proc., §§ 1159, 1160.) You can demand possession in writing, sue to be restored, and claim damages for lost business and for inventory the landlord refuses to release. Act quickly and do not force your way back in.

Can a commercial lease allow the landlord to lock out a tenant?

A lease can give the landlord a right of re-entry, but in California that right must be enforced through the courts. The Supreme Court has said a lease provision permitting forcible entry would be void as against public policy. (Jordan v. Talbot (1961) 55 Cal.2d 597, 604-605.) A landlord who relies on the clause to change the locks takes on real exposure.

What damages can a locked-out commercial tenant recover?

A California tenant who proves a forcible entry or detainer can recover possession and the damages the lockout caused, such as lost profits and spoiled inventory. If malice is shown, statutory damages of up to $600 may be added. (Code Civ. Proc., § 1174, subd. (b).) A court also has discretion to enter judgment for three times the actual damages. (Code Civ. Proc., § 735.)

I am a landlord and my commercial tenant stopped paying and seems to have moved out. Can I retake the space?

Not by assumption. If the tenant has truly abandoned, California provides a written notice of belief of abandonment for commercial property, with a termination date at least 15 days after the notice. (Civ. Code, § 1951.35, subd. (c).) If the tenant responds that it has not abandoned, or there is any doubt, serve a three-day notice and file an unlawful detainer instead of changing the locks.

Does the residential lockout penalty apply to commercial tenants?

Generally not. The California statute that imposes daily penalties on landlords who change locks or cut utilities applies to property used by a tenant as a residence. (Civ. Code, § 789.3.) Commercial tenants rely on the forcible entry and detainer statutes, contract claims under the lease, and tort claims such as conversion for property held inside.

Talk to a California commercial lease attorney

If you have been locked out of your business, or you are a landlord weighing your options with a tenant in default, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is located at 327 Magnet, Irvine, CA 92618, and appears in the Orange County Superior Court and the Los Angeles Superior Court.

This page provides general information about California law and is not legal advice. Outcomes depend on the lease, the facts of the lockout, and the court.