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Tenant Guide Influence Tenant Move out
California law protects a tenant from retaliation by the landlord because the tenant has lawfully exercised a tenant right. California law also makes it unlawful for a landlord to attempt to influence a tenant to move by doing any of the following:
- Engaging in conduct that constitutes theft or extortion.
- Using threats, force, or menacing conduct that interferes with the tenant’s quiet enjoyment of the rental unit. (The conduct must be of a nature that would create the fear of harm in a reasonable person.)
- Committing a significant and intentional violation of the rules limiting the landlord’s right to enter the rental unit.190
A landlord does not violate the law by giving a tenant a warning notice, in good faith, that the tenant’s or a guest’s conduct may violate the lease, rental agreement, rules or laws. The notice may be oral or in writing. The law also allows a landlord to give a tenant an oral or written explanation of the lease, rental agreement, rules or laws in the normal course of business.191
If a landlord engages in unlawful behavior as described above, the tenant may sue the landlord in small claims court or Superior Court. If the tenant prevails, the court may award him or her a civil penalty of up to $2,000 for each violation.192 Keep in mind, however, that a lawsuit is not always a good solution. If you are faced with actions such as described above, try to assess the situation realistically. You may want to discuss the situation with a trusted friend, a tenant advisor, or a lawyer who represents tenants. If you are convinced that you cannot work things out with the landlord, then consider your legal remedies.
190 Civil Code Section 1940.2(a).
191 Civil Code Section 1940.2(c).
192 Civil Code Section 1940.2(b).
You might also want to read:
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- Tenants Guide to Landlord Terminating Tenancy A landlord can terminate (end) a month-to- month tenancy simply by giving the tenant 30 days’ or 60 days’ advance written notice. However, the landlord can terminate the tenancy by......
- Landlords Guide to Entering Rental Unit to show for Potential Tenant Special rules apply if the purpose of the entry is to show the rental to a purchaser. In that case, the landlord or the landlord’s agent may give the tenant......
