Cal. Civ. Code § 38-12-510

Unlawful removal or exclusion.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026ColoradoLockouts & Self-Help

Operative Text

Cal. Civ. Code § 38-12-510
(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.
Source: Legislative text reproduced verbatim
Plain English

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.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

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.

For Tenants

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.

Effective Timeline

Current
Oct 16, 2026
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References Out

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Related Rules

§ 27
Jurisdiction of courts to restrain violation of Secs. 23 to 26; applicability of other laws to requests to change locks
§ 18
Entry into land; legal proceedings required to recover possession of land or tenements; jurisdiction
§ 5-3-12-1
LOCKOUTS PROHIBITED

Source Information

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