California law provides strong protections for tenants. Those who assert their legal rights are protected. California Civil Code § 1942.5 protects them. Landlords risk serious penalties if they retaliate or harass tenants. Tenants must be able to report problems, request repairs, and exercise their housing rights.
What Is Prohibited Retaliation? (Civil Code § 1942.5)
Landlords may not retaliate against tenants who:
Report code or habitability violations to government agencies
Request legally required repairs or habitability improvements
Organize or participate in tenant organizations
Exercise any right under the lease or law, such as using “repair and deduct”
File a complaint with a government agency regarding the unit’s condition
If a tenant does any of the above, they are protected for 180 days. During that time, the landlord cannot evict them, raise the rent, or decrease services... this is all assuming the tenant wasn't defaulting on the rent.
If a landlord does any of the above actions then the law presumes the action is retaliatory. That means the landlord must prove otherwise. Tenants can sue for damages, attorney’s fees, and sometimes punitive damages. These can be up to $2,000 for each act seen as retaliatory.
What Qualifies as Landlord Harassment?
In California, landlord harassment is more than just retaliation. It’s actually any form of intimidation, interference, or bad-faith behavior. It's anything designed to make a tenant’s life difficult so they feel pressured to leave or give up their rights. This can take many forms. Some are subtle while others are more aggressive.
One common example is shutting off or threatening to shut off essential services. Cutting water, heat, or electricity is retaliatory. Under California Civil Code § 789.3, this is strictly illegal and can result in substantial penalties for the landlord. Another form of harassment involves entering the rental unit without following proper notice requirements. While emergencies are an exception... excessive inspections or showing up at unreasonable hours crosses the line into harassment.
Harassment can also include changing locks. Denying a tenant access to their home is another type. Removing or interfering with a tenant’s personal belongings is also illegal. Some landlords resort to verbal or written threats.
Financial manipulation is another tactic. A landlord may refuse to process or cash rent payments in bad faith. Hoping to create false grounds for eviction is another illegal move. Likewise, refusing to make repairs, denying lease renewals, or taking other adverse actions simply because a tenant exercised their legal rights all qualify as harassment under California law.
At its core, harassment is about using pressure or intimidation to undermine tenant protections. Understanding these behaviors helps tenants recognize when their rights are being violated and gives them the tools to take action.
If You Experience Retaliation or Harassment
Tenants should:
Document all incidents, including dates, times, and communications
Report illegal acts to local code enforcement or a tenant rights organization
Consider consulting a tenant rights lawyer. California law supports tenants enforcing their rights in court
California strictly prohibits landlords from retaliating or harassing tenants, with significant legal remedies for those who suffer such illegal conduct. Landlords must address tenant concerns in good faith and avoid actions that could be construed as intimidation or punishment for asserting legal rights.
