Cal. Civ. Code § 1942.5
California Civil Code
Operative Text
(a) If the lessor retaliates against the lessee because of the exercise by the lessee of the lessee’s rights under this chapter or because of the lessee’s complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following: (1) After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenantability. (2) After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability. (3) After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice. (4) After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability. (5) After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor. In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive. (b) A lessee may not invoke subdivision (a) more than once in any 12-month period. (c) To report, or to threaten to report, the lessee or individuals known to the landlord to be associated with the lessee to immigration authorities is a form of retaliatory conduct prohibited under subdivision (a). This subdivision shall in no way limit the definition of retaliatory conduct prohibited under this section. (d) Notwithstanding subdivision (a), it is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because the lessee has lawfully organized or participated in a lessees’ association or an organization advocating lessees’ rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor’s conduct was, in fact, retaliatory. (e) To report, or to threaten to report, the lessee or individuals known to the landlord to be associated with the lessee to immigration authorities is a form of retaliatory conduct prohibited under subdivision (d). This subdivision shall in no way limit the definition of retaliatory conduct prohibited under this section. (f) This section does not limit in any way the exercise by the lessor of the lessor’s rights under any lease or agreement or any law pertaining to the hiring of property or the lessor’s right to do any of the acts described in subdivision (a) or (d) for any lawful cause. Any waiver by a lessee of the lessee’s rights under this section is void as contrary to public policy. (g) Notwithstanding subdivisions (a) to (f), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (d), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (d). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing. (h) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following: (1) The actual damages sustained by the lessee. (2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act. (i) In any action brought for damages for retaliatory eviction, the court shall award reasonable attorney’s fees to the prevailing party if either party requests attorney’s fees upon the initiation of the action. (j) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law. (k) A lessor does not violate subdivision (c) or (e) by complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant. (l) This section shall become operative on October 1, 2021.
California Civil Code § 1942.5 prohibits landlords from taking adverse actions against tenants — such as raising rent, reducing services, or pursuing eviction — when those actions are motivated by the tenant's exercise of habitability-related rights. A 180-day protective window applies after specific triggering events, including complaints to agencies, inspections, or court proceedings involving habitability. The law also bars retaliation against tenants for organizing, participating in tenant associations, or exercising any lawful right, and explicitly classifies threats to report tenants or their associates to immigration authorities as a prohibited retaliatory act. Landlords who violate this section can face actual damages, punitive damages, and attorney's fees.
Plain English — not legal advice.
Under Cal. Civ. Code § 1942.5, compliant operators are careful to ensure that any rent increase, service reduction, or termination notice issued within 180 days of a tenant's habitability complaint, agency inspection, or related legal proceeding is grounded in a documented, legitimate, non-retaliatory reason. When a notice or pleading is issued during that window, operators generally state the specific lawful basis in writing and are prepared to substantiate it if challenged. Operators also avoid any threats — explicit or implied — related to immigration status, and refrain from adverse actions targeting tenants who participate in tenant organizations or exercise other lawful rights, as both categories of conduct are independently prohibited under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Civ. Code § 1942.5 gives tenants a legal shield against landlord actions — including eviction attempts, rent hikes, and service cuts — that appear connected to a habitability complaint, agency report, or participation in a tenant organization. Tenants who believe an adverse action falls within the 180-day protective window described in this section may raise the retaliation as a defense in an eviction proceeding or pursue a civil claim for actual and potentially punitive damages, with attorney's fees available to the prevailing party. Tenants can also contact a local rent board (where one exists), a tenant-rights organization, or a legal aid office to better understand how this section may apply to their circumstances.
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.
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