onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

California Civil Code Section 1940.2

Legal Research Home > California Laws > Civil Code > California Civil Code Section 1940.2

1940.2.  (a) It is unlawful for a landlord to do any of the
following for the purpose of influencing a tenant to vacate a
dwelling:
   (1) Engage in conduct that violates subdivision (a) of Section 484
of the Penal Code.
   (2) Engage in conduct that violates Section 518 of the Penal Code.
   (3) Use, or threaten to use, force, willful threats, or menacing
conduct constituting a course of conduct that interferes with the
tenant's quiet enjoyment of the premises in violation of Section 1927
that would create an apprehension of harm in a reasonable person.
Nothing in this paragraph requires a tenant to be actually or
constructively evicted in order to obtain relief.
   (4) Commit a significant and intentional violation of Section
1954.
   (b) A tenant who prevails in a civil action, including an action
in small claims court, to enforce his or her rights under this
section is entitled to a civil penalty in an amount not to exceed two
thousand dollars ($2,000) for each violation.
   (c) An oral or written warning notice, given in good faith,
regarding conduct by a tenant, occupant, or guest that violates, may
violate, or violated the applicable rental agreement, rules,
regulations, lease, or laws, is not a violation of this section. An
oral or written explanation of the rental agreement, rules,
regulations, lease, or laws given in the normal course of business is
not a violation of this section.
   (d) Nothing in this section shall enlarge or diminish a landlord's
right to terminate a tenancy pursuant to existing state or local
law; nor shall this section enlarge or diminish any ability of local
government to regulate or enforce a prohibition against a landlord's
harassment of a tenant.

Section: Previous  1940  1940.1  1940.2  1940.3  1940.4  1940.5  1940.6  1940.7  1940.8  1940.9  1941  1941.1  1941.2  1941.3  1941.4  Next

Speak with a Lawyer in California

Last modified: March 17, 2014