Cal. Civ. Code § 1940.2

California Civil Code

In Force
Verified 6/11/2026 · Next check 7/11/2026
effective 1/1/2018CaliforniaRetaliation Protections

Operative Text

Cal. Civ. Code § 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.
(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.
Source: Legislative text reproduced verbatim
Plain English

California Civil Code § 1940.2 prohibits landlords from taking certain coercive actions aimed at pressuring a tenant to leave their home, including theft-related conduct, extortion, threatening behavior that undermines quiet enjoyment, intentional and significant violations of entry rules, and threats to expose a tenant's immigration or citizenship status. A tenant who wins a civil lawsuit under this provision — including in small claims court — may recover a civil penalty of up to $2,000 per violation. The law also clarifies that good-faith warning notices about lease violations and routine explanations of rental rules do not constitute harassment under this section.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 3, 2026

Plain English — not legal advice.

For Property Managers

Under Cal. Civ. Code § 1940.2, compliant operators avoid any conduct — such as threats, intimidation, unauthorized entries, or immigration-related threats — that could be construed as pressuring a tenant to vacate. Landlords who issue good-faith written or oral notices about genuine lease violations, or who explain rental rules in the ordinary course of business, are generally not in violation of this section. Property managers typically document all tenant communications carefully to demonstrate that interactions are routine and not coercive in nature.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Cal. Civ. Code § 1940.2 gives tenants the right to be free from landlord conduct designed to pressure them into leaving, including threats, intimidation, improper entries, and threats involving immigration status. If a tenant believes a landlord has violated this section, potential paths include filing a civil action in small claims or regular court, where a prevailing tenant may be entitled to a civil penalty of up to $2,000 per violation. Tenants can also reach out to a local tenant-rights organization or rent board to learn more about available remedies and enforcement options.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Jan 1, 2018
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Cal. Civ. Code § 827
Cal. Civ. Code § 1947.13
Cal. Civ. Code § 1954.50

Related Rules

§ 18
Reprisal for reporting violations of law or for tenant's union activity; damages and costs; notice of termination, presumption; waiver in leases or other rental agreements prohibited
§ 27
Jurisdiction of courts to restrain violation of Secs. 23 to 26; applicability of other laws to requests to change locks
§ 2A
Reprisal for reporting violations of law, for tenant's union activity, or actions taken pursuant to laws protecting tenants who are victims of domestic violence, rape, sexual assault or stalking; defense; presumption

Source Information

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Fetched:Jun 11, 2026, 02:59 AM UTC