Your landlord cannot physically or verbally harass or threaten you in your home to force you to move out under California state law and most local ordinances. Legally, harassment is defined as occurring when a landlord uses aggressive methods, coercion, fraud, or intimidation to get the tenant to move, disrupting the tenant’s right to the quiet enjoyment of their rental property. There are some common examples of harassing conduct that landlords use to try and force tenants out of their homes which are unlawful:

• A landlord cannot lock you out;

• A landlord cannot remove your belongings;

• A landlord cannot shut off your utilities;

• A landlord cannot forcibly enter your home without notice; and

• A landlord cannot harass you into leaving your home.

If your landlord has done any of the above to you, then you may be protected under California law. Read on for more information.

Why Do Landlords Harass Their Tenants?

In rent-controlled jurisdictions, such as Beverly Hills, Los Angeles, Santa Monica, and West Hollywood, landlords desperately want their long-time tenants to move out so they can raise the rent and earn more. Relying on the base assumption that tenants do not know their legal rights, landlords will harass long-time tenants to force them to move out instead of going through the costly eviction process. Most importantly, the landlord typically must resort to these shady tactics to force long-time tenants out because the landlord usually has no actual cause to evict the tenant other than their bad faith motivation to subostantially raise the rent.

Landlord harassment is illegal. Under California Civil Code § 1940.2, a landlord cannot unlawfully force a tenant out of their apartment or home using the following methods:

• Engaging in forceful, threatening, or menacing conduct;

• Disclosing information regarding the perceived immigration or citizenship status of the tenant or someone close to them;

• Threatening to call immigration authorities to force a tenant out;

• Interfering with the tenant's right to quiet enjoyment of their property;

• Entering the rental unit without the tenant's consent in substantial violation of the law; and

• Taking, depriving, or removing the tenant's property from their home without permission.

A landlord only needs to engage in aggressive or intimidating conduct to be found liable, meaning the landlord does not have to successfully force the tenant out of the rental unit for the tenant to be awarded damages. A landlord who has illegal harassed a tenant may have to pay civil penalties up to $2,000 for each instance of harassment, under California Civil Code § 1940.2.

Additionally, under California Civil Code §1940.35, a landlord will be ordered to pay damages if they disclose information regarding the tenant's immigration or citizenship status to a government official to harass, intimidate, or retaliate against the tenant. For each tenant whose status was disclosed, a landlord will be ordered to pay mandatory statutory damages in an amount between 6 and 12 times the monthly rent charged where the tenant resides.

If your landlord is harassing you, our team of lawyers may be able to get you compensation for your damages. Please don’t hesitate to contact us by filling out one of our intake forms.