Landlord Harassment
California Civil Code Section 789.3 defines landlord harassment as maliciously taking actions to intentionally force a tenant to vacate with threats, fraud, intimidation, or coercion. This is illegal.
IT IS ILLEGAL FOR LANDLORDS TO HARASS THEIR TENANTS
Landlord harassment is illegal. California state law and Los Angeles local city ordinances protect tenants against harassment. Whether physical or verbal, all landlord harassment has the same goal—to force the tenant to move out. Harassment is when a landlord uses persistent aggressive methods, fraud, coercion, or intimidation to get a tenant to do what the landlord wants. Harassment is meant to disrupt the tenant’s legal right to quiet enjoyment of their unit in order to force the tenant to move or to force the tenant to refrain from pursuing any potential legal rights they may have against the landlord.
WHY WOULD A LANDLORD HARASS A TENANT?
In rent-controlled jurisdictions, landlords are highly motivated to get long-term tenants to move out in order to raise the rent to market rate. Many landlords rely on the assumption that tenants do not know their legal rights. Harassment of the tenant is pursued to avoid costly legal fees and the hassle of a legal eviction and, most importantly, the landlord typically has no actual cause to evict the tenant other than their bad faith motivation to substantially raise the rent.
HOW CAN A TENANT PROVE LANDLORD HARASSMENT?
Landlord harassment claims can sometimes be difficult to prove. These cases often come down to a tenant’s ability to prove the harassment. Tenants need to be extremely diligent in notating each harassing event. Tenants should maintain a log with dates and times. If possible, they should also get statements from friends and neighbors, and take pictures and recordings. If a tenant feels that they are in physical danger, they should call the police and can also pursue a restraining order against their landlord.
