The California Civil Code, Chapter 2, Section 1940.2 states that It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a rental property:
Landlord Prohibited Conduct
- Engage in conduct that violates subdivision (a) of Section 484 of the Penal Code (theft).
- Engage in conduct that violates Section 518 of the Penal Code (extortion).
- Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenant’s quiet enjoyment of the premises in violation of Section 1927 that would create an apprehension of harm in a reasonable person. Nothing in this paragraph requires a tenant to be actually or constructively evicted in order to obtain relief.
- Commit a significant and intentional violation of Section 1954 (abuse of access to rental property).
- Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant. This paragraph does not require a tenant to be actually or constructively evicted in order to obtain relief.
A tenant who prevails in a civil action, including an action in small claims court, to enforce his or her rights under this section is entitled to a civil penalty in an amount not to exceed two thousand dollars ($2,000) for each violation.
Exempt Landlord Behavior
An oral or written warning notice, given in good faith, regarding conduct by a tenant, occupant, or guest that violates, may violate, or violated the applicable rental agreement, rules, regulations, lease, or laws, is not a violation of this section. An oral or written explanation of the rental agreement, rules, regulations, lease, or laws given in the normal course of business is not a violation of this section.
Note: This section does not enlarge or diminish a landlord’s right to terminate a tenancy pursuant to existing state or local law; nor does it enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlord’s harassment of a tenant.
Amended by Stats. 2017, Ch. 489, Sec. 3. (AB 291) Effective January 1, 2018.
Return to California Landlord-Tenant Laws.
California Landlord Unlawful Intimidation | American LandlordThe California Civil Code, Chapter 2, Section 1940.2 states that It is unlawful for a landlord to steal, extort, bully, or threaten to report immigration or citizenship status for the purpose of influencing a tenant to leave a rental property. Amended by Stats. 2017, Ch. 489, Sec. 3. (AB 291) Effective January 1, 2018.
View the written AmericanLandlord.com source here: http://americanlandlord.com/california-landlord-tenant-laws/california-landlord-unlawful-intimidation/
California Landlord Disclosure of Tenant Immigration Status | American LandlordThe California Civil Code, Chapter 2, Section 1940.35 states that it is unlawful for a landlord to threaten to disclose a tenant's immigration or citizenship status to harass, intimidate, or retaliate against him or her.
View the written AmericanLandlord.com source here: http://americanlandlord.com/california-landlord-tenant-laws/california-landlord-unlawful-disclosure-of-tenant-immigration-status/
California Landlord Retaliation Against Tenant Prohibited | American LandlordCalifornia landlords are prohibited from taking retaliatory actions (increasing rent, filing eviction, or reporting immigration status) against tenants that have exercised their rights under the law such as filing complaints with housing agencies for problems with the rental property. This video is based on the California Civil Code, Chapter 2, Section 1942.5.
View the written AmericanLandlord.com source here: http://americanlandlord.com/california-landlord-tenant-laws/california-landlord-retaliation-prohibited/