Policy Text
TOM DaRé , CHIEF OF POLICE
Professional Standards Division NUMBER: 2020 - 5
ISSUED: April 22 , 2020
Current Guidelines for Landlord/Tenant Disputes
On March 27, 2020 Governor Gavin Newsom issued an executive order banning enforcement of
eviction orders for renters affected by COVID -19. The order proh ibits landlords from evicting
tenants for nonpayment of rent and prohibits enforcement of evictions by law enforcement or
courts. This moratorium on evictions will be in effect through May 31, 2020.
With this moratorium in place, the purpose of this train ing bulletin is to provide guidance when
responding to landlord/tenant disputes.
Proper handling of Landlord/Tenant disputes
Your duty as a peace officer is to keep the peace and remain neutral . Oftentimes you can
accomplish this by simply talking to both parties. You should try to avoid arrests and achieve a
lasting solution to the dispute by explaining to the parties what conduct is not lawful and by
suggesting alternative solutions that are lawful. The best suggestion is to tell each party to cons ult
an attorney.
If a tenant's complaint is that their landlord has locked them out, seized their property, interfered
with the use of their utilities, or unreasonably trespassed on their premises, you can often
successfully resolve the dispute by: (1) informing the landlord that they could be committing a
violation of law by his/her actions; and (2) briefly explaining to the landlord that if they have legal
grounds for evicting the tenant, they should bring an unlawful detainer action against the tenant.
Refer the landlord to the Orange County Superior Court and the Orange County Sheriff’s
Department for the eviction process.
All evictions orders are processed and enforced by the Orange County Sheriff’s
Department.
The landlord may be unaware that the ir conduct is unlawful. An explanation to the landlord that
their actions are unlawful may resolve the situation. If, however, the landlord is uncooperative
and continues his/her conduct, you can explain to them that criminal proceedings can be initiated
by the tenant.
While an arrest should not normally be made, you should ultimately take whatever police action
is necessary under the circumstances. Because most offenses related to landlord/tenant disputes
are misdemeanors, the offense must have been committed in your presence or the tenant must
initiate a citizen's arrest.
TRAINING BULLETIN
Refer below to common laws pertaining to landlord/tenant disputes and examples of when they
could apply.
PC 418 - Forcible Entry
changing tenant’s door locks, seizing tenants prop erty without a court order
PC 591 - Interruption Utility Services
PC 602.5 - Trespassing
unreasonable entry into a property without permission to harass the tenant or snoop around
PC 594 - Vandalism
Removal of doors and windows
Resources: California P olice Officers Legal Sourcebook
Prepared by: Juan Delgado, Sergeant