
Retaliation, Harassment and Lockouts: What California Landlords Can't Do
California law bars three kinds of pressure on tenants. Civil Code § 1942.5 bars retaliation: if a landlord retaliates against a tenant who is not in default on rent, it may not raise rent, cut services or recover possession within 180 days after a good-faith repair complaint. Civil Code § 1940.2 bars harassment meant to make a tenant leave (up to $2,000 per violation), and Civil Code § 789.3 bars lockouts and utility shutoffs (actual damages plus up to $100 a day, never less than $250 per cause of action). Section 789.3 does not affect lawful eviction by the proper authorities.
At a glance
| Item | Rule |
|---|---|
| Law | Civil Code §§ 1942.5 (retaliation), 1940.2 (harassment), 1940.35 (immigration disclosure), 789.3 (lockouts and utility shutoffs) |
| Applies to | Residential landlords and their agents |
| 180-day bar | After a good-faith repair notice, complaint, inspection, or tenantability case, no retaliatory rent increase, service cut, or recovery of possession for 180 days, if the tenant is not in default on rent |
| Retaliation damages | Actual damages, plus $100 to $2,000 punitive damages per retaliatory act where there was fraud, oppression or malice |
| Harassment penalty | Civil penalty up to $2,000 per violation, available in small claims court |
| Immigration disclosure | Statutory damages of 6 to 12 times monthly rent for each person whose status was disclosed |
| Lockout or shutoff | Actual damages plus up to $100 per day, at least $250 per separate cause of action; attorney's fees to the prevailing party |
| Waiver | A tenant's waiver of § 1942.5 rights is void |
| Last changed | § 1942.5 amended by AB 832, operative October 1, 2021; §§ 1940.2 and 1940.35 by AB 291, effective January 1, 2018 |
What the law says
Retaliation: the 180-day bar (§ 1942.5(a))
If a landlord retaliates because the tenant exercised habitability rights or complained to a government agency about tenantability, and the tenant is not in default on rent, the landlord may not recover possession, cause the tenant to quit involuntarily, raise the rent, or decrease services within 180 days after any of these events:
- The tenant, in good faith, gave a repair notice under § 1942, gave notice of a suspected bed bug infestation, or made an oral complaint to the landlord about tenantability.
- The tenant, in good faith, filed a written complaint (or an oral complaint registered or recorded in writing) with an appropriate agency, and the landlord has notice of it.
- An inspection or citation resulted from such a complaint, where the landlord did not have notice.
- A court or arbitration proceeding involving tenantability was filed.
- A judgment or arbitration award on tenantability went against the landlord.
The 180 days run from the latest of these dates. A tenant may invoke this subdivision no more than once in any 12-month period.
Retaliation for exercising any legal right (§ 1942.5(d))
Separately, it is unlawful to raise rent, decrease services, cause a tenant to quit involuntarily, bring an action for possession, or threaten any of these, in retaliation for lawfully organizing or joining a tenants' association, or for lawfully and peaceably exercising any rights under the law. In a claim under this subdivision, the tenant bears the burden of producing evidence that the conduct was retaliatory.
Reporting, or threatening to report, a tenant or people associated with the tenant to immigration authorities counts as retaliation under both subdivisions (§ 1942.5(c), (e)).
A landlord's good-faith ground (§ 1942.5(g))
A landlord may still act within the 180 days if the notice, and any court pleading, states the ground on which the landlord is acting in good faith. If the tenant disputes that ground, the landlord must prove it at trial.
Harassment to make a tenant leave (§ 1940.2)
It is unlawful for a landlord to do any of these for the purpose of influencing a tenant to vacate:
- Conduct that violates Penal Code § 484(a) (theft).
- Conduct that violates Penal Code § 518 (extortion).
- Using or threatening force, willful threats, or menacing conduct, as a course of conduct that interferes with the tenant's quiet enjoyment and would make a reasonable person fear harm.
- A significant and intentional violation of the entry rules in Civil Code § 1954.
- Threatening to disclose the immigration or citizenship status of a tenant, an occupant, or anyone known to be associated with them.
For items 3 and 5, the tenant does not have to be actually or constructively evicted to get relief. A good-faith warning about lease, rule or law violations, or an explanation of the lease in the normal course of business, is not a violation (§ 1940.2(c)).
Civil Code § 1940.35 goes further: disclosing a tenant's or occupant's immigration or citizenship status to any immigration, law-enforcement or government agency to harass, intimidate, retaliate, make the tenant leave, or recover possession is unlawful. The court must award 6 to 12 times the monthly rent for each person whose status was disclosed, issue an injunction, and notify the district attorney. Complying with federal law, a subpoena, a warrant or a court order is excepted.
Lockouts and utility shutoffs (§ 789.3)
With intent to end a tenant's occupancy, a landlord may not:
- Willfully cause any utility service furnished to the tenant to be interrupted or terminated (water, heat, light, electricity, gas, telephone, elevator, refrigeration and others), whether or not the landlord controls the service.
- Change the locks, use a bootlock, or use a similar method to deny reasonable access.
- Remove outside doors or windows.
- Remove the tenant's property or furnishings without prior written consent, unless done under the abandoned-property procedure in Civil Code § 1980 and following (see abandoned property).
Lawful eviction by the proper authorities is not affected. The lockout and removal rules in § 789.3(b) do not apply to transient occupancies such as hotels under § 1940(b).
Penalties and remedies
| Violation | What the tenant can recover |
|---|---|
| Retaliation (§ 1942.5) | Actual damages, plus punitive damages of $100 to $2,000 for each retaliatory act where the landlord or agent was guilty of fraud, oppression or malice as to that act. Attorney's fees go to the prevailing party if either side requests them when the action begins. |
| Harassment (§ 1940.2) | A civil penalty of up to $2,000 for each violation, including in small claims court |
| Immigration disclosure (§ 1940.35) | 6 to 12 times the monthly rent per person, an injunction, and fees and costs to the prevailing party |
| Lockout or utility shutoff (§ 789.3) | Actual damages, plus up to $100 for each day or part of a day the violation continues, and at least $250 for each separate cause of action. Repeated violations not at the same time as the first are separate causes of action. The court must award reasonable attorney's fees to the prevailing party, and the tenant may seek an injunction while the case is pending. |
What owners should do
- Keep repair requests, complaints and agency notices in the tenant file with dates, so you know when any 180-day period started.
- Before raising rent, reducing a service, or serving a termination notice soon after a complaint, make sure the notice states the good-faith ground you are acting on, and be ready to prove it.
- Give lease warnings in writing, in a neutral, business tone. Good-faith warnings are protected; threats are not.
- Follow the entry rules in Civil Code § 1954 every time (see landlord entry). The landlord may not abuse the right of access or use it to harass, and a significant, intentional violation can be harassment under § 1940.2.
- Never change locks, shut off a utility, remove doors or windows, or remove a tenant's belongings to get a tenant out. Use the court process (see the eviction process).
- Do not raise or threaten to raise anyone's immigration or citizenship status.
What tenants should know
- You are protected for making good-faith repair complaints, reporting suspected bed bugs, and complaining to code enforcement. Keep copies and dates.
- The 180-day bar applies only if you are not in default on rent, and you can invoke it no more than once in any 12-month period.
- Retaliation for organizing or joining a tenants' association, or for lawfully exercising any legal right, is unlawful under § 1942.5(d), but you carry the burden of producing evidence that the conduct was retaliatory.
- A harassment claim under § 1940.2 may be brought in small claims court.
- If you are locked out or a utility is cut off to force you out, § 789.3 provides daily damages and lets you ask a court for an injunction.
- A lease clause waiving retaliation protection is void.
Step-by-step guides
For the practical side of this rule, see these guides in the California Rental Handbook:
- Locks, Keys and Rekeying Between California Tenants
- The Utilities Clause: Who Pays for What in a California Rental
- Attorney Fees Clauses in California Leases
- Bed Bugs and Pest Control in California Rentals
- Handling Lease Violations in California: From Warning to Notice to Cure
Local rules
Some California cities add their own tenant harassment or anti-retaliation rules on top of state law. Coronado has no local rent-control or just-cause ordinance as of October 2026 (based on a review of its code's contents); see the Coronado Rental Guide. Other San Diego County cities may differ; check your city's municipal code.
This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.
Frequently asked questions
How long after a repair complaint can a California landlord raise the rent?
If the landlord is retaliating and the tenant is not behind on rent, § 1942.5(a) bars a rent increase, a cut in services, or recovering possession within 180 days after the latest protected event, such as a good-faith repair notice or agency complaint. A landlord with a legitimate reason can act inside the 180 days if the notice states that good-faith ground, and must prove it if the tenant disputes it.
Does the 180-day rule protect a tenant who is behind on rent?
No. The § 1942.5(a) bar applies only if the tenant is not in default on rent, and a tenant may invoke it no more than once in any 12-month period. Retaliation for exercising other legal rights is addressed separately in § 1942.5(d), where the tenant must produce evidence that the conduct was retaliatory.
Can a landlord shut off utilities if the tenant doesn't pay?
No, not with intent to end the tenancy. Civil Code § 789.3 prohibits willfully interrupting any utility furnished to the tenant for that purpose, even a service the landlord does not control. Damages include up to $100 per day of violation, with a minimum of $250 per cause of action.
Can a landlord change the locks after a tenant stops paying rent?
No. Changing locks, using a bootlock, removing doors or windows, or removing the tenant's property to end occupancy is prohibited by § 789.3(b). Possession is recovered through an unlawful detainer case, and removal is carried out by the proper authorities.
What counts as harassment under Civil Code § 1940.2?
Theft, extortion, threats or menacing conduct that interferes with quiet enjoyment, a significant and intentional violation of the entry rules, or threatening to disclose immigration or citizenship status, when done to influence the tenant to leave. A good-faith warning about a lease violation is not harassment.
Can a tenant sue for retaliation in small claims court?
Claims for § 1940.2 harassment penalties and § 1942.4 substandard-housing claims can be brought in small claims court. For a § 1942.5 retaliation claim, check the forum and amount limits with a California attorney.
Sources
- Civil Code § 1942.5 (opens in a new tab)
- Civil Code § 1940.2 (opens in a new tab)
- Civil Code § 1940.35 (opens in a new tab)
- Civil Code § 789.3 (opens in a new tab)
- Civil Code § 1954 (opens in a new tab)
Verified October 19, 2026.
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