Tenant Rights FAQ

California tenants have robust privacy rights under Civil Code Section 1954, which strictly limits when and how landlords can enter rental units. Landlords may only enter for specific purposes:

• Making necessary or agreed-upon repairs
• Showing the unit to prospective tenants or buyers
• In cases of emergency
• When the tenant has abandoned the premises
• Pursuant to a court order

For non-emergency entries, landlords must provide at least 24 hours advance written notice and may only enter during normal business hours (generally 8 AM to 5 PM Monday through Friday) unless the tenant consents to different times. The notice must state the date, approximate time, and purpose of entry.

Landlords cannot use their right of entry to harass tenants or enter more frequently than reasonably necessary. Tenants who experience privacy violations can sue for actual damages plus statutory damages of up to $2,000 per violation under Civil Code Section 1940.2. Repeated violations may also constitute grounds for lease termination. If your landlord is entering without proper notice, document each incident and consider sending a written demand to cease.

Housing discrimination in California is prohibited under both the Fair Employment and Housing Act (FEHA) and federal Fair Housing Act, with California providing broader protections than federal law.

Protected characteristics include:

• Race, color, national origin, ancestry
• Religion
• Sex, sexual orientation, gender identity and expression
• Marital status and familial status
• Disability and medical condition
• Genetic information
• Source of income (including Section 8 vouchers)
• Military or veteran status
• Immigration status
• Primary language

Illegal discriminatory practices include:

• Refusing to rent or setting different terms based on protected status
• Advertising preferences for certain groups
• Asking discriminatory questions during applications
• Steering tenants toward or away from certain units
• Refusing reasonable accommodation requests from disabled tenants
• Retaliating against tenants who assert fair housing rights

File a complaint with the California Civil Rights Department within one year or sue within two years.

California Civil Code Section 1942.5 provides strong protections against landlord retaliation for tenants who exercise their legal rights. Landlords cannot retaliate by increasing rent, decreasing services, threatening eviction, or actually evicting tenants who have:

• Complained to the landlord about habitability issues
• Complained to government agencies about code violations
• Exercised rights under tenant protection laws
• Organized or participated in tenant associations
• Testified in legal proceedings regarding rental conditions

The 180-day presumption: California law creates a rebuttable presumption of retaliation if the landlord takes adverse action within 180 days of the tenant exercising protected rights. This means the landlord must prove a legitimate non-retaliatory reason for their action.

Remedies for retaliation include:

• Actual damages suffered
• Punitive damages of up to $2,000 per retaliatory act
• Injunctive relief preventing the retaliatory action
• Attorney fees and costs

In an eviction proceeding, retaliation is an affirmative defense that can result in dismissal. Document all complaints and landlord responses to establish a timeline.

Under both the Fair Employment and Housing Act and federal Fair Housing Act, California landlords must provide reasonable accommodations and modifications for tenants with disabilities. A reasonable accommodation is a change in rules, policies, practices, or services that allows a disabled person equal opportunity to use and enjoy their housing.

Common examples include:

• Allowing assistance animals regardless of no-pet policies
• Providing a reserved accessible parking space closer to the unit
• Permitting a live-in aide even if the lease limits occupants
• Allowing early lease termination if disability-related needs require relocation
• Modifying rent payment schedules for tenants receiving disability benefits on different dates
• Waiving guest policies for regular caretakers

To request an accommodation: Notify your landlord in writing describing what you need and how it relates to your disability. You do not need to disclose your specific diagnosis, but you may need to provide verification from a healthcare provider that you have a disability-related need.

Landlords must engage in an interactive process and cannot charge extra fees for accommodations such as assistance animals. Landlords may deny requests only if they would impose an undue financial burden or fundamentally alter the housing.

Filing a housing discrimination complaint in California can be done through several channels:

California Civil Rights Department (formerly DFEH):

• File online at calcivilrights.ca.gov, by mail, or by phone
• Deadline: Within one year of the discriminatory act
• The department investigates, attempts mediation, and may file civil action on your behalf

Federal HUD (Department of Housing and Urban Development):

• File within one year of the discriminatory act
• HUD investigates and may refer for prosecution

Private lawsuit:

• File in state or federal court within two years
• Seek actual damages, punitive damages, injunctive relief, and attorney fees

Before filing, gather evidence:

• Written communications and photographs
• Witness statements
• Documentation of discriminatory statements or actions

Many local fair housing organizations provide free counseling, complaint assistance, and legal referrals. You can pursue multiple avenues simultaneously.

No, California and federal fair housing laws prohibit discrimination based on familial status, which includes having children under 18, being pregnant, or being in the process of securing legal custody of a minor.

Landlords cannot:

• Refuse to rent to families with children
• Charge higher rent or deposits for families
• Restrict families with children to certain buildings or floors
• Impose rules that disproportionately burden families

Limited exceptions exist:

• Senior housing: Communities qualifying under the Housing for Older Persons Act may restrict occupancy to persons 55 or older if at least 80% of units have one occupant 55 or older
• Reasonable occupancy standards: Landlords may establish limits based on square footage (typically two persons per bedroom plus one) if applied consistently to all applicants

Landlords cannot claim fire safety or insurance concerns as reasons to exclude families since such policies constitute illegal discrimination. If you believe you have been denied housing because of children, document the interaction and file a complaint with the California Civil Rights Department.

California Civil Code Section 789.3 strictly prohibits landlord self-help evictions and provides strong remedies for tenants who experience illegal lockouts.

Landlords cannot:

• Change locks without going through court
• Remove doors or windows
• Shut off utilities
• Remove tenant belongings
• Take any action to force a tenant out without formal eviction

If you are illegally locked out:

• Call law enforcement immediately - police can help you regain access
• You do not need a court order to return to your home

Legal remedies include:

• Actual damages (property lost, hotel costs, other expenses)
• Statutory damages of $100 per day (minimum $250)
• Reasonable attorney fees and costs
• Potential punitive damages for egregious conduct

Document the lockout with photographs, videos, and witness statements. Keep receipts for any expenses incurred. The threat of these penalties often motivates landlords to restore access quickly.

No, California and federal fair housing laws prohibit landlords from charging additional deposits, pet deposits, or fees because a tenant has a disability or requires an assistance animal.

Key protections:

• Assistance animals are not considered pets under fair housing law
• Pet deposit policies do not apply to assistance animals
• Both service animals and emotional support animals are protected

Landlords also cannot:

• Charge higher rent for tenants with assistance animals
• Impose special restrictions on where the animal can go
• Require liability insurance specifically for the assistance animal

However, tenants remain responsible for any damage their assistance animal actually causes, which may be deducted from the regular security deposit at end of tenancy.

Documentation requirements:

• Emotional support animals: Provide letter from healthcare provider documenting disability-related need
• Service animals: Landlords can only ask if the animal is required for a disability and what task it performs - no documentation required

If your landlord violates these rules, file a discrimination complaint with the California Civil Rights Department.

California provides significant protections for tenants who are victims of domestic violence, sexual assault, stalking, human trafficking, or elder abuse under Civil Code Section 1946.7.

Early lease termination:

• Victims can terminate a lease by providing written notice and documentation
• Documentation can include police report, court order, or documentation from qualified third party (physician, domestic violence counselor, sexual assault counselor)
• Termination is effective within 30 days of notice
• Victims are not liable for future rent beyond this period

Protection from discrimination:

• Landlords cannot evict or refuse to rent based on victim status
• If an abuser is a co-tenant, victims may request the landlord terminate only the abuser's tenancy

Lock changes:

• Victims have the right to have locks changed at their expense within 24 hours of requesting
• Landlords must change locks if victim provides court order or police report

Confidentiality: Landlords cannot disclose victim status or location information to anyone, including the abuser, without written permission.

Properly documenting landlord harassment or rights violations is essential for protecting yourself and building a legal case if necessary.

Create a detailed written log:

• Record every incident with dates, times, and locations
• Note what happened, who was involved, and any witnesses
• Write entries as soon as possible after each incident

Preserve all written communications:

• Keep texts, emails, letters, and notices from your landlord
• Take screenshots of digital communications
• If verbal threats are made, follow up with email summarizing what was said

Take photographs and videos:

• Document illegal entries, removed locks, shut-off utilities, or property damage
• Note the date and time each photo was taken

Get witness statements:

• Obtain written statements from witnesses who observed incidents
• Include their contact information for potential testimony

Report to authorities:

• File reports with code enforcement, police, or fair housing agencies
• Keep copies of all complaints and responses

Store documentation in multiple secure locations. Consider sending important communications via certified mail with return receipt.