What is landlord harassment?
Landlord harassment is the illegal practice of persistently using aggressive physical, verbal, sexual, fraudulent, or coercive methods of intimidation with the goal of harassing the tenant and forcing them to do as the landlord says. The ultimate aim is usually to force the tenant out of their residence. It can come in numerous forms, but if you believe you may be a victim of landlord harassment, here are some common examples:
Landlord locking you out
Landlord removing items from the unit
Shutting off utilities
Landlord entering the unit without notice or consent
Physical harassment upon entry or exit of the unit
Landlord threatening the report of immigration information
Landlord verbally or physically harassing you
Why do tenants face harassment?
In rent-controlled areas such as Los Angeles, landlords want to force long-time tenants out of their homes so they can raise the rent and profit more from their rental units. Landlords rely on the fact that their tenants rarely know their full legal protections from harassment, and attempt to short-cut the eviction process where they often do not have cause for eviction.
What laws protect tenants in California?
California Civil Code § 1940.2 stipulates that it is illegal for a landlord to “use, or threaten to use, force, willful threats or menacing conduct… that interferes with the tenant’s quiet enjoyment of the premises.” The Civil Code further prohibits the disclosure of immigration status, threatening to call immigration authorities, entering the unit without the consent of the tenant as well as taking away the property itself.
The landlord does not need to have physically forced the tenant out of the unit to be found liable, they simply need to have engaged in harassment. Landlords who are found to have harassed a tenant as outlined by the civil code are liable for punitive damages of up to $2,000 for each violation. Furthermore, pursuant to California Civil Code §1940.35, a landlord who has disclosed immigration status information to the government as a method of harassment or retaliation must pay damages between 6 and 12 times the monthly rent per instance.
What laws protect tenants in Los Angeles County?
In June of 2021, L.A. County passed a new ordinance outlining tenant harassment and expanding measures to protect tenants from retaliation. Thus, pursuant to Los Angeles Municipal Code § 8.52.130, a landlord cannot interrupt or terminate the housing service required by the lease agreement or the law, nor can they threaten to. Consistent with the state law on this matter, the ordinance specifics numerous potential instances of harassment that it protects against. In addition to protecting against harassment, it prohibits retaliation by a landlord against a tenant for asserting their rights and filling a complaint, and allows tenants to seek a civil penalty of between $2,000 and $5,000 per instance of harassment.
What should tenants do if they are victims of landlord harassment or retaliation?
If you believe that your landlord is harassing you in any of the above ways, here are some important steps you can take to ensure your well being:
Write to your landlord to stop the harassment and keep a copy of the letter.
Track instances of harassment, include date and time, as well as details of the incident or witnesses who could corroborate it. This is especially important given the difficulty of proving landlord harassment, so any record you have is crucial.
Call the police if you are in immediate danger.
Talk to an attorney about filing a complaint or restraining order.
Tenants Law Firm is here to help.
Proving a landlord harassment claim is challenging, and contacting attorneys with experience is of the utmost importance. At Tenants Law Firm, our team specializes in these cases to protect against rampant landlord harassment. If you think you have been harassed, contact us by calling (310) 432-3200 or by using this form.
Disclaimer
The purpose of this post is for information only, this is not legal advice.