Landlords have the right to enforce lease terms and protect their property, but those rights have legal limits. Certain conduct intended to pressure a tenant into leaving a rental unit may expose a property owner to liability under California landlord/tenant law.
Understanding California Code, Civil Code § 1940.2 can help you avoid actions that may be viewed as unlawful landlord harassment.
Conduct that may qualify as landlord harassment
California Code, Civil Code § 1940.2 prohibits certain actions taken for the purpose of influencing a tenant to vacate a dwelling. For example, using force, making willful threats or engaging in intimidating conduct that interferes with a tenant’s quiet enjoyment of the property may support a landlord harassment claim, even if the tenant never leaves the rental unit.
The statute also addresses intentional violations of the rules governing a landlord’s right of entry. Entering a rental property without complying with applicable legal requirements may create liability if done to pressure a tenant to move. In addition, threatening to disclose information about a tenant’s immigration or citizenship status in an effort to force them out is specifically prohibited under California Code, Civil Code § 1940.2.
Certain conduct prohibited by other criminal statutes, including extortion-related offenses, may also form the basis of a landlord harassment claim when used to influence a tenant to vacate.
What landlords can still do
California landlord/tenant law does not prevent you from enforcing a lease in good faith. Providing written or verbal warnings about lease violations, explaining rental rules or addressing legitimate concerns during the normal course of property management generally does not constitute landlord harassment.
Likewise, California Code, Civil Code § 1940.2 does not eliminate your ability to terminate a tenancy when permitted by state or local law. The key distinction is that your actions should follow established legal procedures rather than using threats, intimidation or other prohibited conduct to pressure a tenant into leaving.
Understanding your responsibilities before taking action can help prevent unnecessary disputes and reduce the risk of litigation. If you have questions about handling a difficult tenancy or complying with California landlord/tenant law, seeking legal guidance before proceeding may help protect your interests.