[CA] [CA] What should I do if my landlord is retaliating against me?
My landlord is retaliating against me by doing things such as turning off the hot water or making it not hot enough or shutting down the elevators. We are a disabled household. I am on a month-to-month lease and plan to move.
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Under Civil Code Section 1942.5, it is illegal for a landlord to retaliate against a tenant for lawfully exercising their legal rights.
- No landlord may increase rent, reduce services, or cause the tenant to quit involuntarily as retaliation.
- Every rental agreement includes an implied covenant of quiet enjoyment (Civil Code Section 1927), meaning the tenant has the right to peaceful use of the property.
These actions by the landlord may allow you to sue for retaliation and breach of quiet enjoyment.
I'd recommend starting the process by sending your landlord a demand letter to stop their harassment and retaliatory behavior. Here is a template you can use for the letter, courtesy of Tenants Together.
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My landlord is retaliating against me by doing things such as:
- Turning off the hot water or making it not hot enough.
- Shutting down the elevators.
We are a disabled household. I am on a month-to-month lease and plan to move.
Lexi, Chatbot
I'm sorry to hear about the issues with your landlord. Have you documented these incidents in writing or communicated with your landlord?
No, but there should be clauses in my lease addressing maintenance and tenant rights.
I live in California and was under the 2020 moratorium. I applied for rent help and filed an appeal in January 2025.
In January 2025, tenants received notice that the rent program could no longer assist, and the landlord got this notice too.
Since then, I have been experiencing these retaliation tactics.
Legal Eagle
Hello! Legal Eagle here. I’m reviewing your issue. Sometimes there are technical issues, but I’m here for you.
Have you had any discussions with your landlord about these issues, and if so, what was their response?
After the rent program contacted both me and the landlord, they didn’t say anything to me, but I think they are taking me to court.
Legal Eagle
Thanks! Just a few more questions. Have you had any communication with your landlord regarding these issues?
Is your landlord claiming a breach of rental agreement for not paying rent during the 2022 period?
Yes. My question is whether this would be considered a breach of the rental agreement after the California rent program announced funding stopped. I am current on my rent from the year 2023 onwards.
Legal Eagle
Under Civil Code Section 1942.5, it is illegal for a landlord to retaliate against a tenant for lawfully exercising their legal rights.
- No landlord may increase rent, reduce services, or cause the tenant to quit involuntarily as retaliation.
- Every rental agreement includes an implied covenant of quiet enjoyment (Civil Code Section 1927), meaning the tenant has the right to peaceful use of the property.
These actions by the landlord may allow you to sue for retaliation and breach of quiet enjoyment.
I'd recommend starting the process by sending your landlord a demand letter to stop their harassment and retaliatory behavior. Here is a template you can use for the letter, courtesy of Tenants Together.
For the 2020 moratorium, can the landlord sue me for breach of the rental agreement?
Legal Eagle
Technically, yes, they can sue you for breach of contract. However, because the breach of contract statute of limitations is 4 years, and it has been over 5 years since the issue arose, they are out of luck.
They have been trying to serve me with papers.
Legal Eagle
If you are being served, do not avoid it. If you do, they might obtain a default judgment. You should find out why they are suing, in which court, and the details of the lawsuit.
Someone tried to serve me by banging on my car window, tossing papers onto my car while it was raining. The papers were destroyed.
I was scared and left the building.
Legal Eagle
Understood. Don’t avoid being served, but you also do not have to tolerate harassment.
If they are suing, find out from the court where the case is filed and what it concerns.
If they are claiming a breach of contract from 2020, they are likely too late due to the statute of limitations.
Thank you. Is there a statute code for the lawsuit?
Legal Eagle
Yes, Civil Code Section 1942.5 covers retaliation.
Legal Eagle
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