California Codes

Cal. Penal Code § 602.9 (2026)

✓ current as of May 2026
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(a)Except as provided in subdivision (c), any person who, without the owner’s or owner’s agent’s consent, claims ownership or claims or takes possession of a residential dwelling for the purpose of renting that dwelling to another is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that imprisonment and fine. Each violation is a separate offense.

(b)Except as provided in subdivision (c), any person who, without the owner’s or owner’s agent’s consent, causes another person to enter or remain in any residential dwelling for the purpose of renting that dwelling to another, is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that imprisonment and fine. Each violation is a separate offense.

(c)This section does not apply to any tenant, subtenant, lessee, sublessee, or assignee, nor to any other hirer having a lawful occupancy interest in the residential dwelling.

(d)Nothing in this section shall preclude the prosecution of a person under any other applicable provision of law.

(e)It is the intent of the Legislature that this section shall not preclude the prosecution of a person on grand theft or fraud charges. The Legislature finds that this section has never precluded prosecution of a person on grand theft or fraud charges.

Notes of Decisions
Cited in 5 cases, 1969–1980 · leading case: Mandel v. Mun. Court, 276 Cal. App. 2d 649 (Cal. Ct. App. 1969).
Mandel v. Mun. Court, 276 Cal. App. 2d 649 (Cal. Ct. App. 1969). · cites it 4× “" Penal Code section 602.9 states: "Any person who comes .”
In Re Mannino, 45 A.L.R. 3d 996 (Cal. Ct. App. 1971). · cites it 2× “" (Pen. Code, § 602.9, since repealed.) Campus officers, attempting to arrest Ruiz, were prevented from doing so by Mannino who blocked their car.”
People v. Rudolfo A., 110 Cal. App. 3d 845 (Cal. Ct. App. 1980). “625 , the United States District Court invalidated a conviction of violating California Penal Code section 602.9 (a predecessor to § 626.”
People v. Horton, 9 Cal. App. Supp. 3d 1 (Cal. App. Dep’t Super. Ct. 1970). “In this case, Penal Code section 602.9 was used in a manner not intended by the Legislature to suppress a peaceful demonstration by appellants and other students of Southwest College.”
Choung v. People of State of California, 320 F. Supp. 625 (E.D. Cal. 1970). · cites it 2× “A few days later, the principal signed a criminal complaint charging petitioner and two others with a violation of California Penal Code § 602.9, supra. Under California law, the complaint was framed substantially in the terms of *627 the statute and became the…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.