What Is Landlord Harassment Under California Law?
California Civil Code §1940.2 prohibits landlords from using harassment, intimidation, or coercion to force a tenant to vacate — regardless of whether rent is owed or the landlord has other legal grounds to evict. Harassment is typically used when a landlord wants to remove a tenant but cannot or does not want to go through the court process.
Common Forms of Illegal Landlord Harassment
- Illegal lockouts: Changing locks, blocking access, or removing doors without a court order
- Utility shutoffs: Cutting off water, gas, electricity, or other services
- Unauthorized entry: Repeatedly entering without 24-hour written notice
- Refusing to make repairs: Deliberately withholding repairs to make the unit uninhabitable
- Threats and intimidation: Verbal threats of eviction, violence, or immigration enforcement
- Removing amenities: Taking away parking, laundry, or storage included in the lease
- Construction harassment: Scheduling noisy work at unreasonable hours without notice
- Coercive buyout offers: Pressuring tenants with deceptive or intimidating buyout tactics
- Immigration threats: Threatening to report immigration status (illegal since 2019 under Civil Code §1940.35)
Illegal Lockouts — What to Do Right Now
If you are locked out of your home:
- Call 911 immediately. An illegal lockout is a crime. Police can accompany you back to your unit
- Photograph everything: New locks, removed belongings, any physical changes
- Contact a tenant attorney or legal aid the same day
- File an emergency court motion for immediate reentry (available same-day in most California courts)
Your rights during a lockout: Civil Code §789.3 makes illegal lockouts a crime. You are entitled to $100 per day for each day you are locked out, plus actual damages (hotel stays, moving costs, food), and attorney fees.
The 24-Hour Notice Requirement
California Civil Code §1954 requires landlords to provide at least 24 hours’ written notice before entering your unit for non-emergency purposes, and entry must be during normal business hours (8am-6pm). Repeated unauthorized entry is not just annoying — it is a form of harassment that entitles you to damages.
Your Legal Remedies for Harassment
- Civil Code §1940.2: Actual damages + 6 months’ rent + attorney fees for harassment-based eviction tactics
- Civil Code §789.3: $100/day during illegal lockout + actual damages + attorney fees
- Local harassment ordinances: Cities like LA and Oakland have additional remedies including up to $25,000 in civil penalties
- Restraining orders: Courts can issue orders prohibiting further harassment while litigation proceeds
Document everything. Keep a written log of every incident — date, time, description, witnesses. Photograph and video any physical changes. Save all texts and emails. This evidence is critical in court.