(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.
(5)Threaten to disclose information 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. This paragraph does not require a tenant to be actually or constructively evicted in order to obtain relief.
(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)This section does not enlarge or diminish a landlord’s right to terminate a tenancy pursuant to existing state or local law; nor does this section enlarge or diminish any ability of local government to regulate or enforce a
prohibition against a landlord’s harassment of a tenant.
Notes of Decisions
Erlach v. Sierra Asset Servicing, LLC, 226 Cal. App. 4th 1281 (Cal. Ct. App. 2014).
· cites it 4× “) In addition, Civil Code section 1940.2 makes it unlawful for a landlord to commit certain specified acts “for the purpose of influencing a tenant to vacate a dwelling.”
Spinks v. Equity Residential Briarwood Apts., 171 Cal. App. 4th 1004 (Cal. Ct. App. 2009).
· cites it 2× “” (Civ. Code, § 1940.2, subd. (a)(3).) 2. Application Applying the facts in the evidentiary record to the statutory definition, plaintiff argues that she was a “hirer” of the apartment.”
Salisbury v. Hickman, 974 F. Supp. 2d 1282 (E.D. Cal. 2013).
· cites it 4× “Salisbury cites two statutes in connection with her claim for unlawful entry: California Civil Code section 1940.2 and California Civil Code section 1954.”
Action Apt. Ass'n v. City of Santa Monica, 163 P.3d 89 (Cal. 2007).
“(Civ. Code, § 1940.2, subd. (d).) However, we see nothing in these narrowly focused savings clauses that is designed to give local governments the new and additional authority to adopt ordinances limiting state laws of general application, including the litigation privilege.”
Larson v. City & Cnty. of San Francisco, 192 Cal. App. 4th 1263 (Cal. Ct. App. 2011).
“(Civ. Code, § 1940.2, subd. (b).) The City’s hypothetical instances in which the Board could permissibly award “restitutive” damages through a “reduction in rent” under new section 37.”
Flores v. Linares, No. B298528 (Cal. Ct. App. Jan. 5, 2021).
· cites it 2× “9 But a landlord’s unlawful act under the Civil 8 For example, Civil Code section 1940.2 provides, in part, that it is unlawful for a landlord to “[t]hreaten to disclose information regarding or relating to the immigration or citizenship status of a tenant” to influence her “to…”
510PacificAve v. Weiss, No. B304369 (Cal. Ct. App. June 29, 2021).
· cites it 2× “2 Civil Code section 1940.2 provides that “[i]t is unlawful for a landlord to do any of [five specific acts] for the purpose of influencing a tenant to vacate a dwelling.”
Mitchell v. Rutaganira, No. 2:24-cv-02294 (E.D. Cal. May 30, 2025).
· cites it 2× “at 5 247–253.) On April 22, 2021, Plaintiff dismissed her complaint in its entirety.”
Cardenas Markets v. Cont'l Corp., No. D084812 (Cal. Ct. App. Feb. 19, 2026).
· cites it 2× “For example, with respect to its quiet enjoyment, Civil Code section 1940.2 and private nuisance causes of action, Cardenas argues: “Defendant’s many claims that Cardenas breached the relevant lease, must pay Defendant’s attorney’s fees and must make certain repairs and…”
Foreman v. Merino, No. 2:18-ap-01460 (Bankr. C.D. Cal. Sept. 25, 2020).
“Cal. Civ. Code § 1940.2 provides that a landlord shall not “[u]se, 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 … that would create an apprehension of harm in a…”
Washington v. Stein, No. B343990 (Cal. Ct. App. Dec. 12, 2025).
“2, which regulates the conduct of “landlords” (Civ. Code, § 1940.2, subd. (a)) and does not impose liability on a landlord’s agent, which is at best what the emails establish Stein and his firm to be.”
Cal. Civil Code § 1940.2(a)(3): 2 cases
Mitchell v. Rutaganira, No. 2:24-cv-02294 (E.D. Cal. May 30, 2025).
“at 5 247–253.) On April 22, 2021, Plaintiff dismissed her complaint in its entirety.”
Cardenas Markets v. Cont'l Corp., No. D084812 (Cal. Ct. App. Feb. 19, 2026).
“For example, with respect to its quiet enjoyment, Civil Code section 1940.2 and private nuisance causes of action, Cardenas argues: “Defendant’s many claims that Cardenas breached the relevant lease, must pay Defendant’s attorney’s fees and must make certain repairs and…”
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