Retaliation by Landlords: Recognizing and Responding to Unlawful Actions in California
Standing up for your rights as a tenant shouldn’t cost you your home. Unfortunately, many California renters face retaliation from landlords after filing complaints, requesting repairs, or joining tenant unions.
Landlord retaliation is not only unfair—it’s illegal under California law. This guide explains what retaliation looks like, your legal protections, and what steps to take if your landlord retaliates against you.
What Is Landlord Retaliation?
Landlord retaliation occurs when a landlord punishes a tenant for asserting their legal rights. This may occur after you:
- File a complaint about unsafe living conditions.
- Request repairs for habitability issues.
- Report code violations to a government agency.
- Join a tenants’ association.
- File or threaten legal action.
- Withhold rent for legally valid reasons.
Your Rights Under California Law
Under California Civil Code § 1942.5, landlords are prohibited from punishing tenants for engaging in certain protected actions, such as making an oral complaint regarding a habitability issue at their unit.
Specifically, a landlord cannot, within 180 days of a protected action, do any of the following without consequence:
- Raise your rent.
- Serve an eviction notice.
- Reduce services like utilities, parking, access to amenities, etc.
- Harass, threaten, or intimidate you.
If any of these retaliatory actions occur within 180 days of your protected action, the law assumes retaliation—and the burden falls on the landlord to prove otherwise.
What to Do If You Suspect Retaliation?
- Document Everything
Keep a timeline of events:
- When you requested repairs or filed a complaint.
- What the landlord did afterward (rent increase, eviction notice, etc.).
- Emails, texts, letters, photos, or video evidence.
Need help? Follow our practical guide to documenting issues and gathering strong evidence.
- Review Your Rights
In addition to state protections, many California cities have stricter local laws against retaliation. Check your city’s rent board or tenant protections ordinance.
- Respond in Writing
If you receive a notice to vacate or rent increase shortly after asserting your rights, reply in writing. Politely state your belief that the action may be retaliatory and reference your earlier complaint or repair request.
Important: Do not stop paying rent unless you’ve spoken with an attorney.
- Report to Authorities
File a complaint with:
- Your city’s Rent Board or Housing Department.
- Code Enforcement if the unit has safety violations.
- Fair Housing Agencies if you believe there is discrimination involved.
Filing a formal complaint builds your case and may lead to official action.
- Consider Legal Action
If your landlord is found to have retaliated, they may be required to:
- Rescind the eviction or rent increase.
- Pay statutory damages of up to $2,000 per retaliatory act.
- Cover attorney’s fees and court costs.
Tenants have the right to sue their landlord in small claims or civil court to enforce these protections.
When to Contact a Tenant Rights Attorney?
You should speak with a tenant attorney if:
- You received a rent increase or eviction notice after asserting your rights.
- You’re being harassed, intimidated, or discriminated against.
- You want to sue your landlord for retaliation or damages.
- You’re unsure if your situation qualifies as unlawful retaliation.
An attorney can help you understand your rights, file a claim, and protect you from further harm.
We’re Here to Help
At Tenant Law Group, we help California renters fight against unlawful retaliation.
We serve clients in English and Spanish and are ready to help you take action.
Contact Us Today
Call (415) 801-8878 or fill out our intake form to get started.
Disclaimer: This page provides general information about landlord-tenant laws in California and is not intended as legal advice. We encourage you to consult with a qualified attorney or local tenant advocacy organization for guidance specific to your situation.
