2009 California Civil Code - Section 789-793 :: Chapter 2. Termination Of Estates

CIVIL CODE
SECTION 789-793

789.  A tenancy or other estate at will, however created, may be
terminated by the landlord's giving notice in writing to the tenant,
in the manner prescribed by Section 1162 of the Code of Civil
Procedure, to remove from the premises within a period of not less
than 30 days, to be specified in the notice.

789.3.  (a) A landlord shall not with intent to terminate the
occupancy under any lease or other tenancy or estate at will, however
created, of property used by a tenant as his residence willfully
cause, directly or indirectly, the interruption or termination of any
utility service furnished the tenant, including, but not limited to,
water, heat, light, electricity, gas, telephone, elevator, or
refrigeration, whether or not the utility service is under the
control of the landlord.
   (b) In addition, a landlord shall not, with intent to terminate
the occupancy under any lease or other tenancy or estate at will,
however created, of property used by a tenant as his or her
residence, willfully:
   (1) Prevent the tenant from gaining reasonable access to the
property by changing the locks or using a bootlock or by any other
similar method or device;
   (2) Remove outside doors or windows; or
   (3) Remove from the premises the tenant's personal property, the
furnishings, or any other items without the prior written consent of
the tenant, except when done pursuant to the procedure set forth in
Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of
Division 3.
   Nothing in this subdivision shall be construed to prevent the
lawful eviction of a tenant by appropriate legal authorities, nor
shall anything in this subdivision apply to occupancies defined by
subdivision (b) of Section 1940.
   (c) Any landlord who violates this section shall be liable to the
tenant in a civil action for all of the following:
   (1) Actual damages of the tenant.
   (2) An amount not to exceed one hundred dollars ($100) for each
day or part thereof the landlord remains in violation of this
section. In determining the amount of such award, the court shall
consider proof of such matters as justice may require; however, in no
event shall less than two hundred fifty dollars ($250) be awarded
for each separate cause of action. Subsequent or repeated violations,
which are not committed contemporaneously with the initial
violation, shall be treated as separate causes of action and shall be
subject to a separate award of damages.
   (d) In any action under subdivision (c) the court shall award
reasonable attorney's fees to the prevailing party. In any such
action the tenant may seek appropriate injunctive relief to prevent
continuing or further violation of the provisions of this section
during the pendency of the action. The remedy provided by this
section is not exclusive and shall not preclude the tenant from
pursuing any other remedy which the tenant may have under any other
provision of law.

790.  After such notice has been served, and the period specified by
such notice has expired, but not before, the landlord may reenter,
or proceed according to law to recover possession.

791.  Whenever the right of reentry is given to a grantor or a
lessor in any grant or lease or otherwise, such reentry may be made
at any time after the right has accrued, upon three days' notice, as
provided in sections 1161 and 1162, Code of Civil Procedure;
provided, however, that the said three days' notice shall not be
required in cases where the hiring of real property is for a term not
specified by the parties and where such hiring was terminated under
and in accordance with the provisions of section 1946 of the Civil
Code.

792.  Summary proceedings for obtaining possession of real property
forcibly entered, or forcibly and unlawfully detained, are provided
for in Sections 1159 to 1175, both inclusive, of the CODE OF CIVIL
PROCEDURE.

793.  An action for the possession of real property leased or
granted, with a right of re-entry, may be maintained at any time,
after the right to re-enter has accrued, without the notice
prescribed in section seven hundred and ninety-one.


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