Understanding Your Rights
Whether you are a U.S. citizen, permanent resident, visa holder, or undocumented immigrant, you have the right to safe and habitable housing under California law. This Guide will help you understand your rights as a tenant and how you can protect yourself from unscrupulous landlords without fear of deportation or retaliation.
What Housing Rights Do I Have If I’m an Immigrant or Undocumented Tenant?
1. You Have the Right to a Safe and Livable Home
Under California Civil Code § 1941.1 and Health & Safety Code § 17920.3, your landlord must keep your home in a livable condition. That means:
- ● Working heat, running hot water, functional plumbing, and working electricity;
- ● No broken windows or doors;
- ● No mold, rats, roaches, or leaks; and
- ● Safe floors, ceilings, stairs, and locks.
If your landlord doesn’t fix problems, you can report them—even if you don’t have legal immigration status—and they can’t legally punish you.
2. Your Landlord Can’t Threaten You Based On Your Immigration Status
It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling:
- ● Threaten to disclose your immigration status to others.
- ● Threaten to disclose the immigration status of your family or friends to others regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant.
- ● Require you to disclose your immigration status in the form of a statement, representation or certification.
These protections are codified at California Civil Code section 1940.2 and section 1940.3, which make this type of harassment illegal.
3. You’re Protected from Discrimination, No Matter Your Immigration Status
Under the Unruh Civil Rights Act – Civil Code § 51(c) and the Fair Employment and Housing Act (FEHA), landlords can’t treat you differently just because of your:
- ● Immigration or citizenship status;
- ● Race, national origin, language, or religion; or
- ● Religion, gender identity, sexual orientation, or disability.
Which California Cities Have Extra Protections for Immigrant Tenants?
Many California cities offer additional protections for immigrant renters.
San Francisco
Landlords can’t evict you because of your immigration status. Tenant harassment based on immigration status is explicitly prohibited under SF Admin Code § 37.10B.
Los Angeles
You can’t be evicted or harassed because of your immigration status. This is explicitly prohibited under Los Angeles Municipal Code § 45.33.
Oakland
Immigration-related threats and harassment are prohibited under Oakland Tenant Protection Ordinance § 8.22.640.
Is It Safe to Talk to a Tenant Rights Lawyer If I’m Undocumented?
Yes. Anything you tell Tenant Law Group is 100% confidential. You are protected by the attorney-client privilege, which means:
- ● We are legally required to keep what you say private;
- ● We can’t share your personal information or immigration status with anyone—not the government, your landlord, or ICE; and
- ● You can safely get advice and the help you need.
What Can I Do If My Landlord Is Harassing Me or Ignoring Repairs?
If your landlord is ignoring repairs, threatening you, or using your immigration status against you, you have the power to act. Here’s what to do:
Write everything down: Keep detailed notes about what’s happening. Include dates, names, and what was said or done.
Gather Evidence: Take clear photos or videos of unsafe conditions (like mold, leaks, pests, or broken locks). Save any messages from your landlord. Check out our evidence guidelines to learn what types of evidence to collect — and how to do it safely and effectively.
Talk to a Tenant Rights Attorney: Reach out to us. We’ll explain your rights, help you stay safe, and assist you in taking legal action, if necessary.
Take Action Today – You Are Protected Regardless of Your Immigration Status
You deserve a safe, secure place to live—no matter your immigration status. Let us help you protect it.
Call us: (415) 801-8878
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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 tenant attorney or local tenant advocacy organization for guidance specific to your situation.
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