Retaliation by your Landlord: Know Your Housing Rights

Retaliation by your Landlord: Know Your Housing Rights
“Landlord retaliation” is an action taken by a landlord (or their staff/employees, or property managers) that is meant to punish a tenant for standing up for their tenant rights.
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Disclaimer: This publication is legal information only and is not legal advice about your individual situation. It is current as of the date posted. We try to update our materials regularly. However, laws are regularly changing. If you want to make sure the law has not changed, contact DRC or another legal office.
What is Landlord Retaliation?
“Landlord retaliation” is an action taken by a landlord (or their staff/employees, or property managers) that is meant to punish a tenant for standing up for their tenant rights.
Landlord retaliation can include actions such as:
- Eviction
- Changing the locks
- Raising the rent
- Threatening or harassing behavior
- Turning off utilities
- Denying or reducing services
Knowing and Exercising your Housing Rights
Many people are nervous to report issues or make requests to their landlord because they are afraid of retaliation. However, if you have reported an issue, made a request, or filed a complaint, California law can protect you from retaliation.
You have a right to:
- Request a reasonable accommodation/reasonable modification.
- Request the repairs that you need.
- Complain about the condition of your rental unit to a government agency.
- Have a government agency inspect the unit for unsafe and/or unhealthy conditions.
- File an administrative complaint with government agencies.
- File a lawsuit, on your own or with the help of a private attorney, based on the condition of the rental unit or other issues with the rental unit.
For more information, see CA Civil Code § 1942.5.
How to Protect Yourself Against Landlord Retaliation
Best practices:
- Make your request or report your issue to the landlord in writing—preferably letter or e-mail – with your name and the date. Text message or the landlord’s online portal will also work as long as you can save a copy for yourself.
- Keep a copy of the request you sent to your landlord in a safe place, in addition to any responses from the landlord.
- Pay your rent on time and don’t get behind on rent. Not paying your rent is risky, and you should make sure you fully understand your rights and the risk of eviction if you withhold rent. If you have a disability-related reason why you cannot pay your rent on time, consider requesting a reasonable accommodation. For more information about reasonable accommodations, see Housing Discrimination Based on Disability - Your Rights and Options.
You could sue the landlord for retaliation or defend yourself against an eviction, especially if the landlord does something that seems like it is meant to punish you within 180 days (six months) of when you made a request or complaint. If the landlord does something within 180 days, in a lawsuit the court can first assume the landlord is retaliating and the landlord would have to prove they are not retaliating and that they have a separate, legal reason for what they did.
If you feel a landlord has retaliated against you, or if fear of landlord retaliation is stopping you from reporting an issue to your landlord, please contact our intake line at 1-800-776-5746 for assessment and advice. For more information about getting help from DRC, see our Get Help section.