Harassment
Harassment
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 long-time tenants to move so they can raise the rent to market rate and earn more money from renting out the unit. 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 substantially raise the rent.
Are Tenants Protected Against Landlord Harassment in California?
Yes, 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. Read on for local landlord harassment ordinances.
Landlord Harassment Laws in Los Angeles County
An anti-harassment ordinance that covers the unincorporated parts of the county was recently passed by the County of Los Angeles. Retaliation by landlords against tenants who have exercised their rights under the ordinance and are not in default on their rent is forbidden. L.A. County, Cal., Mun. Code § 8.52.130. When a tenant asserts their rights, landlords are not permitted to end the lease, decline to extend it, or force a tenant to vacate the property against their will. Tenants may raise the landlord's noncompliance with the ordinance as an affirmative defense to any action the landlord takes against them. Furthermore, the following actions are forbidden by landlords, as well as those of their employees, subcontractors, contractors, and any other person serving as an agent of the landlord:
Breach the terms of the lease agreement or the law by:
Interrupting, terminating, or failing to provide any housing services;
Threatening to interrupt, terminate, or fail to provide any housing services;
Engage in any of the following behaviors in bad faith:
Neglect to carry out maintenance and repairs;
Neglect to use reasonable care in finishing the maintenance and repairs they had started;
Construct or renovate in order to harass a tenant;
Neglect to adhere to industry repair, containment, or remediation protocols in order to reduce noise or reduce exposure to hazardous building materials, asbestos, paint, lead, dust, or mold;
Refuse to accept a legitimate rent payment;
Refuse to cash a rent payment for more than 30 days;
Neglect to keep delivery address up to date for rent payments;
Infringe upon a tenant's right to privacy by asking for their social security number, citizenship status, or membership in a protected class, unless such information is required to qualify for a rental;
Unless mandated by law, divulge the aforementioned information to third parties;
Ask a renter who has requested a reasonable accommodation for an excessive or unreasonable amount of information;
Abuse of the right of entry, including taking photos or recording the unit for purposes other than those related to repairs or maintenance, making repeated entries, targeting a specific tenant to gather information about them, requesting an entry time outside of regular business hours, and refusing to comply with a tenant's request to modify the entry date and time;
Use coercion, threats, fraud, or deception to persuade a tenant to vacate;
Make verbal or written threats to a tenant, or threaten them physically;
Treat a renter unfairly because of their race, gender identity, sexual orientation, ethnicity, nationality, religion, age, parenthood, marriage, pregnancy, disability, HIV/AIDS status, occupancy by a minor child, or source of income;
Recover possession of a unit, terminate the lease, issue a notice to quit, or file a lawsuit based on information the landlord has no reasonable cause to believe;
Take personal belongings from a tenant out of the apartment without the tenant's express written permission;
Give erroneous information to the tenant regarding any local, county, state, or federal tenant rights. This may include:
Requiring a tenant to sign a lease in any language other than their primary language;
Not using the tenant's primary language when negotiating a rental agreement;
Supplying a rental agreement written in a language other than the tenant's primary language;
Awareness by the landlord that the tenant's primary language is not used in the lease;
Use language other than the tenant's primary language when communicating with them in an attempt to frighten, perplex, mislead, or irritate them;
Requiring compliance for entering into a rent repayment plan, specifically if the landlord has told the tenant that they must enter such an agreement in order to be eligible for tenant protections;
More than once every six months, after the tenant has given written notice to the landlord indicating they do not wish to receive payment to vacate, make such payments to the tenant;
Disrupt the tenant’s quiet enjoyment, including repeated and substantial interference with any occupant’s quiet enjoyment for the purpose of influencing the occupant to vacate the unit or to waive their rights;
Revoke or remove a previously agreed upon housing service, such as a parking space, in order to influence a tenant to vacate;
Infringe upon or interfere with tenants’ rights to organize. L.A. County, Cal., Mun. Code § 8.52.130.
If a landlord violates this ordinance, any tenant who has been harassed or retaliated against or any person or entity acting on that tenant’s behalf, including the county, may bring a lawsuit to the landlord in violation. L.A. County, Cal., Mun. Code § 8.52.170. Tenants may sue their landlord for injunctive, declaratory and other equitable relief, restitution, and reasonable attorney fees and costs. The court may award reasonable attorney fees and costs to a landlord who prevails in any action brought against them in the event that the court determines the tenant's legal action was frivolous. Tenants may also seek a civil penalty of between $2,000 and $5,000 per violation. L.A. County, Cal., Mun. Code § 8.52.130. The court may award an additional $5,000 per violation if the tenant is disabled or is 62 years old or older. Each violation of the ordinance is a separate offense, and each day a violation is committed, permitted, or continued, is a separate offense. L.A. County, Cal., Mun. Code § 8.52.170.
Landlord Harassment Laws in Culver City
The City Council of Culver City amended the Municipal Code in June 2019 to include a section on tenant protections that addressed anti-harassment and retaliatory eviction. Culver City, Cal., Mun. Code § 15.09.340. A permanent tenant protection program was established by this new ordinance. With respect to Retaliatory Eviction, the ordinance states:
A landlord cannot end a tenancy or refuse to renew one with the intention of retaliating against a tenant who has not missed rent payments;
It is prohibited to take adverse action against a renter for exercising their rights under this section;
The Culver City tenant protection program's protections may be taken into consideration by the court when assessing allegations of landlord retaliation.
Tenants have the ability to refute the presumption that the landlord's action was retaliatory if they can demonstrate that they exercised their legal rights within six months of the alleged act of retaliation. The anti-harassment section of the ordinance states that no landlord, agent, contractor, subcontractor, or employee of the landlord shall engage in any activity that infringes upon the tenant's right to the quiet enjoyment of their unit or violates the tenant protections found in Cal. Civil Code § 789.3 and § 1940.2, or in any other state or federal law that is comparable. The following actions by the landlord are prohibited by the ordinance if they are carried out in bad faith:
Interfere with or neglect to provide housing services that are mandated by federal, state, or local legislation;
Neglect to carry out the upkeep and repairs that the rental agreement, local, state, or federal law require;
Neglect to follow industry guidelines or best practices for reducing exposure to potentially hazardous building materials, such as dust, noise, or other materials, or neglect to take reasonable care when performing repairs and maintenance;
Abuse access privileges to a rental property. This encompasses, among other things, entries for inspections unrelated to required maintenance or services; entries that are excessive in number or duration; entries that improperly single out specific occupants or serve as a means of gathering evidence against an occupant; and entries that fall outside the purview of a valid entry;
Repeatedly use language that a reasonable person would consider likely to incite violence or inspire fear when speaking to tenants in person or communicating with them via social media or other channels;
Make an attempt to use fraud, threats, or coercion to get a tenant to leave a rental property; this can include but is not limited to making threats to report the tenant to the US authorities;
Make verbal or physical threats of harm to a tenant;
Deliberately and knowingly break any law that forbids discrimination against a tenant on the basis of race, gender, sexual orientation, preference, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, parenthood, occupancy by a minor child, HIV/AIDS status, or source of income;
Send sexually suggestive texts, enter the rental unit without permission or invitation, demand sex from the tenant in exchange for necessary maintenance on the unit, or make other quid pro quo sexual demands; subject the tenant to severe or persistent unwanted physical contact or offensive remarks about their body; or take other actions that create a hostile environment;
Terminate any tenancy on the basis of a legal theory that the landlord knows is erroneous or on facts that the landlord has no reasonable reason to believe to be accurate;
Remove anything from the rental unit, including furniture and personal belongings, without the tenant's express permission, unless a formal termination of the contract is being enforced;
Pay a renter to vacate more often than once every six months, if the tenant has informed the landlord in writing that they would like not to be contacted with additional offers of money to vacate;
Use the previously mentioned buyout or payment offers to induce a renter to vacate, along with threats or other forms of coercion. This excludes settlement proposals that are not accompanied by threats or intimidation and are made in good faith in relation to ongoing unlawful detainer actions;
Refuse to accept rent payments from tenants that are made in line with the rental agreement and lease;
Postpone cashing a rent check for more than thirty days;
Ask for information that breaches a tenant's right to privacy, such as citizenship or residency status, membership in a protected class, or social security number, unless it's necessary to comply with legal requirements or, in the case of a social security number, to assess the tenant's suitability for a tenancy; or divulge any such data that the landlord has, unless required or permitted by law;
Violate the right of a renter to privacy within the rental property; this can involve, among other things, going inside, taking pictures, or filming parts of the property that are not covered by a permitted inspection or entrance;
Interfere with a tenant's ability to peacefully occupy and enjoy a rental property as permitted by state law;
Interfere with tenants’ ability to organize and take part in activities with other tenants for the sake of protection and mutual aid; grant access to advocates, organizers, or representatives of tenants residing at the property; plan meetings for tenants or tenant organizations in a location that is suitable and accessible to tenants in accordance with the terms of their rental agreement; or distribute and display literature in common areas reminding tenants of their rights and opportunities to take part in organized tenant activities.
Any landlord who violates this section will be charged with a misdemeanor and may face an administrative punishment of up to $1,000; each day that a violation persists or occurs is treated as a separate offense. If this clause is broken by the landlord, the tenant will be entitled to recover actual damages, emotional anguish, and legal costs from the landlord. Culver City, Cal., Mun. Code § 15.09.345. In addition to taking any appropriate actions to enforce this section, the City Attorney is permitted to file a civil action for violations of this section, for civil penalties or other relief. Tenants are not have to use up all administrative options before bringing legal action, nor is it necessary for the city to decide whether to enforce its policies or not. Culver City, Cal., Mun. Code § 15.09.350.
Landlord Harassment Laws in Santa Monica
Following an uptick in complaints in 2015, Santa Monica revised Section 4.56 of their Municipal Code to provide further protections against tenant harassment. Santa Monica, Cal., Mun. Code § 4.56. The Santa Monica anti-harassment and tenant protection Act prohibits landlords from acting in bad faith in any of the following ways:
Breach a contract or neglect to provide housing services as required by local, state, or federal health and safety legislation;
Neglect to carry out the upkeep and repairs mandated by the agreement or by local, state, or federal health and safety regulations;
Fail to finish maintenance and repairs after starting them;
Abuse the landlord's access rights to a rental property as outlined in Cal. Civil Code § 1954. This includes "inspection" entries that are not connected to required maintenance or services, are made in excess, specifically target a particular tenant, or fall outside the purview of a valid entry;
Verbally abuse the tenant in an attempt to elicit a violent response;
Attempt to persuade a renter to vacate a rental property by employing coercion, threats, or fraud;
Make verbal or bodily threats of violence to the tenant;
Breach any legislation that forbids discrimination on the grounds of race, gender, sexual orientation, preference, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, handicap, HIV/AIDS status, or habitation by a minor child;
Terminate any tenancy on the basis of a legal theory that the landlord knows is erroneous or on facts that the landlord has no reasonable reason to believe to be accurate;
Interfere with a tenant's ability to peacefully occupy and enjoy a rental property as permitted by state law;
Refuse to accept rent payments from tenants that are made in line with the rental agreement and lease;
Interfere with a tenant's right to privacy by, for example, going inside a rental property and taking pictures of areas that are not covered by a valid inspection or access.
In addition to paying attorney expenses, landlords who violate Section 4.56 may be subject to statutory damages ranging from $1,000 to $10,000. A $5,000 civil penalty will be imposed for each infraction committed against renters who are 65 years of age or older.
Landlord Harassment Laws in West Hollywood
The anti-harassment ordinance of the City of West Hollywood stipulates that a landlord cannot intentionally harass a tenant in a way that could potentially create a hostile living environment or force the tenant to vacate the unit. West Hollywood, Cal. Mun. Code § 17.52.090. In this context, harassment encompasses, but is not restricted to, the following behaviors:
A reduction in housing services as this title defines the term "housing service";
A reduction in maintenance or a failure to carry out and finish essential maintenance or repairs;
Abusing the access rights to rental housing units as specified and restricted by section 1954 of the California Civil Code;
Utilizing language that is offensive and likely to incite an instantaneous violent response in order to engage in abusive behavior toward a tenant;
Intentionally lying or hiding information to persuade a renter to vacate the unit;
Threatening to physically harm to a renter either verbally or with actions;
Falsely representing to a renter that they must vacate a rented property;
Failing to use reasonable care when making repairs to a rental property after taking possession of it with the intention of finishing the work;
Acting in a manner that is forbidden by federal, state, or local laws that forbid discrimination in housing on the grounds of sexual orientation, race, color, sex, ancestry, ethnic origin, national origin, religion, age, marital status, familial status, parenthood, pregnancy, disability, medical condition, including but not limited to AIDS or conditions related to AIDS, gender identity, occupancy by a minor child, citizenship, or status as a student;
Threatening to terminate a lease, reclaim ownership of a rental property, or remove a renter from a rental property without providing a sufficient factual and legal justification;
Taking any action or failing to take any action that restricts the tenant's ability to utilize and enjoy the rental unit;
Refusing to recognize or acknowledge receipt of money paid for rent in accordance with the law;
Committing any activity that would make the premises unfit for habitation or deny the renter the opportunity to use it to their advantage;
Taking any action meant to intimidate or annoy a tenant.
A landlord in West Hollywood who harasses a tenant faces actual damages to the tenant for each and every infraction, as well as punitive penalties and statutory damages of $1,000.00, whichever is higher. Legal fees and costs may also be recovered by the renter. West Hollywood, Cal. Mun. Code 17.68.010 (D).
Landlord Harassment Laws in Long Beach
All residential units and renters are subject to the city's ordinance. Long Beach, Cal. Mun. Code § 8.101.020. It is forbidden for any property owner, or any anyone serving as the owner's principal, agent, contractor, subcontractor, or representative, to engage in any of the following:
Breach a rental agreement’s or the law's requirements for housing services, or make threats to do so;
In bad faith, neglect to maintain and repair in a timely manner, to take reasonable care when repairing something once it has been started, or to adhere to industry repair, containment, or remediation protocols that are intended to reduce exposure to things like dust, noise, lead, paint, mold, asbestos, or other building materials;
Abuse the right to enter the rental unit;
Try to persuade a renter to vacate their apartment by using coercion, intimidation, fraud, or false representation;
Make threats against a tenant, either verbally or physically, in order to elicit an immediate violent response;
Discriminate against a tenant on the basis of their color, gender, sexual orientation, preference, ethnic background, nationality, religion, age, parenting, marriage, pregnancy, handicap, history of HIV/AIDS, occupancy by a minor child, or source of income;
Proceed with the termination of a tenant on the basis of circumstances that the landlord knows to be false or on a legal theory that the landlord knows to be implausible;
Give a renter misleading information about municipal, state, or federal tenant protections in writing or verbally. In order to take advantage of tenant protections, this can involve misrepresenting the nature or effect of a notice to quit or notice to evict, compelling a tenant to participate in a rent repayment plan when the law does not require it, or compelling a tenant to sign a new lease that is not in their primary language if lease negotiations were held in their primary language, the existing lease is in their primary language, or the owner is aware that the new lease is not in their primary language;
Refusing to process or cash a rent payment for more than thirty days, failing to keep a current address for rent payment delivery, or acting in bad faith while denying or failing to acknowledge a tenant's legitimate rent payment;
Breach of a tenant's right to privacy committed in bad faith;
Engage in dishonest communication in a language other than the tenant's first language with the intention of frightening, perplexing, misleading, or annoying the tenant;
Restrict the ability of tenants to organize, prohibit tenant meetings in areas that are available to them under the terms of their leases, discourage the distribution or posting of materials reminding tenants of their rights in common areas, and deny property access to organizers, advocates, or representatives working with or on behalf of tenants residing at a property;
Additional recurrent actions or inactions that significantly disrupt the comfort, rest, peace, or quiet of any person who is authorized to occupy the unit and that result in, are likely to result in, or are meant to result in that person leaving the unit or waiving their rights. Long Beach, Cal. Mun. Code § 8.101.030;
A property owner who violates the harassment ordinance in the City of Long Beach may be held liable for the money damages awarded to the tenant, a penalty of up to $5,000 but not less than $2,000 per violation, and any additional relief the court deems necessary. This liability may also apply to anyone acting as the principal, agent, contractor, subcontractor, or representative of the owner. Long Beach, Cal. Mun. Code § 8.101.040(A). The court may impose an additional penalty of up to $5,000 per infraction if the renter is disabled or older than 65. Id. Moreover, if a tenant wins their claim, the court may provide them reasonable legal fees and costs. Long Beach, Cal. Mun. Code § 8.101.040(B). If the court finds that the tenant's action was frivolous, it may additionally award reasonable attorney fees and costs to the owner who prevails in the lawsuit. Id.
Landlord Harassment Laws in San Francisco
Renters in San Francisco are shielded from abusive landlords by the Rent Ordinance. Compared to the California harassment statute, the ordinance is broader and has a catch-all clause that covers everything not specifically included. S.F. Cal., Rent Ordinance § 37.10B. Landlords in San Francisco are specifically prohibited from engaging in the following:
Breach the terms of a contract or municipal, county, or state housing, health, or safety legislation by ceasing to deliver, interrupting, or failing to provide housing services;
Neglect to carry out the upkeep and repairs mandated by the agreement or by municipal, county, or state housing, health, or safety regulations;
Neglect to follow industry repair, containment, or remediation protocols intended to reduce exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health effects; or neglect to use due diligence in completing repairs and maintenance once they are started;
Abuse the law's provision granting the landlord access to a rented property;
Attempt to persuade a renter to vacate a rental property by employing coercion, threats, or fraud;
Make an attempt to force the renter to vacate by making an offer of money in exchange for them leaving, combined with threats or intimidation;
Make verbal or gestured threats of violence to the tenant;
Interfere directly with the freedom of a renter to peacefully occupy and enjoy a rental property as specified by California law;
Discriminate against people on the basis of real or perceived race, gender, sexual orientation, preference, ethnic background, nationality, place of birth, immigration status, citizenship, religion, age, parenthood, marriage, pregnancy, disability, HIV/AIDS status, or habitation by a minor child;
Interfere with a renter's ability to peacefully utilize and enjoy a rental property as specified by California law;
Refuse to take a tenant's legitimate rent payment or to acknowledge receiving it;
Postpone cashing a rent check for more than thirty days;
Violate the right to privacy of a renter;
Request information that infringes upon a tenant's right to privacy, such as their social security number, place of residence, or citizenship status;
Additional recurrent actions or inactions of a significant enough nature to materially impair the comfort, repose, peace, or quiet of anyone legally entitled to occupy such a dwelling unit, and that result in, are likely to result in, or are intended to result in the departure of any person lawfully entitled to occupy such a dwelling unit, or the surrender or waiver of any rights with regard to such occupancy. Id.
Landlords who harass their tenants may be subject to civil litigation seeking damages and an injunction to halt the harassing behavior. If a landlord is found guilty of breaking this part of the Rent Ordinance, they will also face criminal consequences. Id. The landlord will be subject to a statutory fine of $1,000.00 for each harassment incident if the tenant can provide proof of it. Id. In addition, the tenant may request treble damages—three times the amount—for their out-of-pocket expenses and mental suffering. Id. Additionally, the ordinance provides for attorney fees and punitive damages. Id.
Landlord Harassment Laws in Oakland
The ban on landlord harassment found in the Oakland Rent Ordinance is similar to that found in San Francisco. Oakland, Cal., Mun. Code § 8.22.600. Tenant Protection Ordinance (TPO) in Oakland prohibits landlords from doing the following:
Breach a contract or state, county, or local housing, health, or safety rules by failing to deliver housing services as required, or by threatening to do so;
Fail to carry out, the repairs and maintenance mandated by the agreement or by local, county, or state housing, health, and safety regulations, or threaten to do so;
Neglect to follow industry repair, containment, or remediation protocols intended to reduce exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health effects; or neglect to exercise due diligence in completing repairs and maintenance once they are started;
Abuse the owner's right of entry into a rental property;
Remove any furniture, personal belongings, or other goods from the rented property without the tenant's prior written authorization;
Attempt to use fraud, intimidation, or coercion to persuade a tenant to vacate a rental unit; this includes making threats to report a tenant to U.S. Immigration and Customs Enforcement, though it is not intended to prohibit communication with the agency regarding a suspected infraction;
Offer money to a renter to vacate more than once every six months, provided the tenant has informed the owner in writing that they would like not to get future offers of money to leave;
Make an attempt to force a renter to leave by making an offer of money in exchange for them leaving, along with threats or other forms of coercion. This excludes settlement proposals that are offered in good faith and do not involve coercion or threats in connection with ongoing eviction proceedings;
Refuse to accept or acknowledge receipt of a tenant's legitimate rent payment, unless state law permits such a denial following the tenant's service of a notice to quit and the expiration of the notice's deadline for performance;
Refuse to cash a rent check for more than thirty (30) days unless the renter has received a written receipt for payment;
Violate the right to privacy of a renter;
Request information that breaches a tenant's right to privacy, such as address, citizenship status, or social security number, unless mandated by law or, in the case of a social security number, to acquire details necessary for tenancy qualifications; or refrain from disclosing such information unless mandated or permitted by law;
Additional recurring actions or inactions of a magnitude that significantly disrupt the ease, rest, tranquility, or quiet of anyone legally permitted to occupy the dwelling unit and that result in, are likely to result in, or are meant to result in the departure of any person legally permitted to occupy the dwelling unit or the surrender or waiver of any rights pertaining thereto;
Eliminating a housing service in order to persuade the renter to vacate the rental property. For instance, taking away a parking spot knowing that the tenant must move because they are unable to find another place to park. Oakland, Cal., Mun. Code § 8.22.640.
The Tenant Protection Ordinance of Oakland forbids landlords from taking legal action against tenants who assert their legal rights and permits tenants to file retaliation lawsuits in civil courts against their landlords. Id. It is noteworthy that tenants who allege a violation of any of the aforementioned 1, 2, 3, 10, 11, 12, or 13 must first abide by a notification obligation under the Oakland TPO before they may pursue a civil remedy in court against their landlord. Oakland, Cal., Mun. Code § 8.22.650. Before bringing a lawsuit, tenants who claim to have violated those subsections must notify the property owner or their agent of the issue. Id. Additionally, the tenant has fifteen (15) days from the date of notification to provide the owner with a chance to address the matter in cases 1, 2, 3, 11, or 12 mentioned above. Id. Like San Francisco, Oakland has an ordinance that allows for significant monetary damages to be awarded against landlords who are proven to have violated harassment ordinances. Oakland, Cal., Mun. Code § 8.22.670. The ordinance provides for the following: attorney fees and costs; punitive damages; treble damages; and injunctive relief. Id.
Landlord Harassment Laws in Richmond
The Tenant Anti-Harassment Ordinance was recently passed by the City of Richmond to shield tenants from landlord harassment. Tenants may also file a lawsuit against their landlord for harassment under the ordinance. The following actions are forbidden under the ordinance from being taken in bad faith by landlords, their staff members, and any person working on their behalf:
Threaten to suspend, terminate, or cease providing housing services as required by a rental agreement or by housing health and safety rules that are applicable in your state, county, or municipality. Utility services include water, heat, electricity, gas, phone, cable, internet, trash and recycling, and sewage cannot be turned off by a landlord. Additionally, landlords are not allowed to remove windows or doors and then not replace them within a reasonable time frame. Additionally, landlords are not allowed to deny tenants fair access to the unit;
Neglect to make the maintenance or repairs that are mandated by a rental agreement, state, county, or local housing, health, or safety laws, or threaten to do so;
Neglect to follow industry repair containment or remediation protocols intended to reduce exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health effects; neglect to exercise due diligence in completing repairs or maintenance once they are started;
Abuse the right to access the space, including by going inside or taking pictures of areas that are not covered by a valid inspection or entry;
Remove a tenant's personal belongings from the apartment without the tenant's prior authorization in writing;
Attempt to persuade a tenant to vacate a rental property by deception, threats, or other forms of coercion, such as making threats to report a tenant or a tenant's associate to a government agency on the basis of the tenant's immigration status;
Attempt to pay a tenant to vacate more than once every six months after the tenant has given written notice to the landlord indicating that they would like not to receive any more offers;
Attempt to persuade a renter to leave by making an offer of money in exchange for them leaving, combined with threats or intimidation;
Make verbal or gestured threats against the renter or their visitors;
Interfere with the tenant's ability to enjoy or use the apartment quietly;
Discriminate against a tenant because of their real or perceived color, gender, sexual orientation, ethnic background, nationality, immigration status, place of birth, religion, age, parenting, marriage, pregnancy, disability, HIV/AIDS status, or tenancy with a minor child;
Refuse to accept a tenant's legitimate rent payment or to acknowledge receiving it;
Refuse to cash a rent check for more than thirty days;
Interfere with a tenant's right to privacy or make a request for information that would breach that right, such as social security numbers, residency records, or citizenship status;
Falsely represent to a renter that they must vacate a rental property;
Force a hotel or motel resident to switch rooms every few weeks in order to prevent the resident from asserting that they are a tenant;
Require a tenant to sign a new rental agreement or agree to materially different terms, unless the proposed changes are permitted or mandated by local, state, or federal law, or the tenant has accepted the change in writing after receiving notice in writing from the landlord indicating that the tenant is not required to accept the new terms and that the change does not conflict with local, state, or federal law;
Any other recurring actions or inactions that significantly disrupt or interfere with a tenant's right to peace of mind and that result in, are likely to result in, or are carried out with the intention of compelling the tenant to leave or give up their rights. RICHMOND, CAL., MUN. CODE § 11.103.060.
Additionally, it will be deemed harassment if facilities that are a part of your tenancy are permanently removed without a valid reason. RICHMOND, CAL., MUN. CODE § 11.103.090. In residential hotels, amenities include garage spaces, parking spaces, driveways, storage areas, laundry rooms, decks, patios, backyards, gardens, restrooms, and lobby areas. Id.
Additionally, tenants who exercise their rights under the ordinance are protected from retaliation. RICHMOND, CAL., MUN. CODE § 11.103.070.
Renters who believe their landlord has violated the ordinance may file a lawsuit to recover monetary damages, an order to halt the harassment, or both. RICHMOND, CAL., MUN. CODE § 11.103.110. A landlord who disobeys the ordinance or anybody who encourages or helps someone else to do so faces liability for each and every infraction of at least three times (treble) the actual damages incurred by the tenant, including damages for emotional or mental anguish, or $1,000, whichever is higher. Id. If the landlord violated the law with knowledge or careless disregard, damages for mental or emotional suffering are quadrupled (trebled). Id. If a landlord is found to have broken the ordinance, they will also be responsible for the tenant's court-determined legal fees and costs. Id. Attorney fees can only be awarded to a landlord by the court in the event that it finds the tenant's action to be baseless and initiated in bad faith. Id. In addition, a civil penalty of up to $5,000 may be imposed for each offense against a person who is 65 years of age or older, or who is disabled as defined by California Government Code Section 12926, et seq., if the violator encourages or helps the victim to break the law. Id. Any plaintiff may also receive punitive damages from the court. Id.
Landlord Harassment Laws in Emeryville
Tenants in Emeryville are shielded from landlord harassment by the anti-harassment provisions of the Emeryville Rent Ordinance. Tenant harassment and retaliation by landlords are subject to civil remedies. Emeryville, Cal., Mun. Code § 5-40.05. In bad faith, no landlord is permitted to conduct any of the following:
Interrupt, fail to provide, or threaten to do either of the former with regard to any housing services covered by the rental agreement, such as utility services and other contractually agreed-upon amenities and services;
Neglect to carry out the upkeep or repairs mandated by the agreement or by municipal, county, or state housing, health, or safety regulations;
Neglect to take reasonable steps to finish repairs and maintenance after they have started, including not adhering to industry-appropriate safety standards and procedures;
Abuse the landlord's access rights to the property or make other inappropriate use of them;
Remove a tenant's personal belongings from the rented property;
Attempt to persuade a tenant to vacate the apartment using deception, threats, or other forms of coercion (including but not limited to threats based on immigration status);
Offer payment or any other incentive to a tenant to vacates the rental unit more frequently than once every six months;
Threaten physical harm to the tenant verbally or by gesture;
Interfere with the tenant's freedom to enjoy the rented property in peace and quiet;
Refuse to accept a tenant's legitimate rent payment or to acknowledge receiving it;
Refuse to cash a rent check for more than thirty days;
Disrupt the tenant's right to privacy;
Request information that would compromise the tenant's right to privacy;
Additional recurring behaviors that significantly disrupt or interfere with the tenant's ability to relax, find calm, or enjoy their quiet time and that result in, are likely to result in, or are meant to result in the tenant leaving the unit;
Take retaliatory action against the renter for exercising their rights under this chapter or any applicable state or federal laws.
For landlord infractions, there is a private right of action under the Emeryville Rent Ordinance. If a landlord violates this section, the tenant or the city may bring a civil lawsuit against the landlord for monetary damages, injunctive relief, or both. Emeryville, Cal., Mun. Code § 5-40.06. Additionally, a chapter of the legislation specifies the exact wording that must be used to inform renters of their rights. When entering a lease or rental agreement, renewing a lease or rental agreement, or serving a notice of termination, among other situations, landlords are required to give this notification. Emeryville, Cal. Mun. Code § 5-40.07
Landlord Harassment Laws in Union City
Union City approved an ordinance on April 11, 2017, adding Chapter 5.50, "Residential and Landlord and Tenant Relations," to the municipal code. This ordinance governs the majority of residential rental units in the City and forbids landlords from participating in certain forms of harassment. Union City, Cal. Mun. Code § 5.50.050 In bad faith, a landlord is not permitted to do any of the following:
Interrupt, fail to provide, or threaten to do either of the former with regard to any housing services covered by the rental agreement, such as utility services and other contractually agreed-upon amenities and services;
Neglect to carry out the upkeep or repairs mandated by the agreement or by municipal, county, or state housing, health, or safety regulations;
Neglect to take reasonable steps to finish repairs and maintenance after they have started, including not adhering to industry-appropriate safety standards and procedures;
Abuse the landlord's access rights to the property or make other inappropriate use of them;
Remove a tenant's personal belongings from the rented property;
Attempt to persuade a tenant to vacate the apartment using deception, threats, or other forms of coercion (including but not limited to threats based on immigration status);
Offer payment or any other incentive to a tenant who vacates the apartment more frequently than once every six months;
Threaten physical harm to the tenant verbally or by gesture;
Interfere with the tenant's freedom to enjoy the rented property in peace and quiet;
Refuse to accept a tenant's legitimate rent payment or to acknowledge receiving it;
Refuse to cash a rent check for more than thirty days;
Disrupt the tenant's right to privacy;
Request information that would compromise the tenant's right to privacy;
Additional recurring behaviors that significantly disrupt or interfere with the tenant's ability to relax, find calm, or enjoy their quiet time and that result in, are likely to result in, or are meant to result in the tenant leaving the unit;
Take retaliatory action against the renter for exercising their rights under this chapter or any applicable state or federal laws.
If a tenant in Union City exercises any of their rights under this chapter and is subjected to prohibited actions or experiences retaliation by a landlord, they may file a civil private right of action for monetary damages, injunctive relief, or both. Prevailing tenants are entitled to costs and appropriate legal fees. Union City, Cal. Mun. Code § 5.50.080 (A)(B)(1).
What Should Tenants Do If Their Landlord Harasses Them?
If your landlord is harassing you, our team of lawyers maybe able to assist you and even get you compensation for damages. Please don’t hesitate to contact us by filling out one of our intake forms.