California Civil Code Section 1940.2 makes it illegal for a landlord to use harassment tactics to pressure a tenant into moving out. The statute lists five specific categories of prohibited conduct, and a tenant who prevails in court can recover a civil penalty of up to $2,000 for each violation.1California Legislative Information. California Civil Code 1940.2
The law only reaches conduct done “for the purpose of influencing a tenant to vacate a dwelling.” That intent element runs through everything below. A landlord acting badly for some other reason may be violating a different statute, but not this one.
The Five Prohibited Acts
Section 1940.2 identifies five distinct categories of unlawful landlord conduct. Each is a separate basis for a claim, and a landlord who commits more than one can be penalized for each.
Theft or Fraud
A landlord cannot commit theft or fraud (as defined by Penal Code 484) to get you to leave. This covers taking your belongings, misrepresenting facts about the property, or using deceptive schemes to pressure you out.
Extortion
A landlord cannot use extortion (as defined by Penal Code 518) to force you to vacate. That includes threats to accuse you of a crime or to expose damaging information unless you move.
Force, Threats, or Menacing Conduct
A landlord cannot use or threaten physical force, make willful threats, or engage in a pattern of intimidating conduct that interferes with your quiet enjoyment of the premises and would make a reasonable person fear harm. You do not have to actually move out to bring a claim under this provision.
Significant and Intentional Abuse of Entry Rights
Under Civil Code 1954, landlords generally must give at least 24 hours’ written notice before entering, must enter during normal business hours, and cannot use the right of entry to harass a tenant.2California Legislative Information. California Civil Code 1954 A “significant and intentional” violation of those rules is one of the acts prohibited by 1940.2. A single scheduling mix-up would not qualify. A landlord who repeatedly enters unannounced as a pressure tactic is squarely within what the statute targets.
Immigration Threats
A landlord cannot threaten to disclose information about your immigration or citizenship status, or that of any household member or associate, to any person. As with the force-and-threats provision, you do not need to have moved out to file a claim over this conduct.
What You Can Recover
A tenant who prevails in a 1940.2 lawsuit can recover a civil penalty of up to $2,000 per violation.1California Legislative Information. California Civil Code 1940.2 A few points about how that penalty works:
It’s per violation. If a landlord engaged in three separate prohibited acts, the potential recovery is up to $6,000.
It’s a statutory civil penalty, not an award of actual damages. The statute does not itself provide for recovery of out-of-pocket losses like moving costs or temporary housing. Those may be recoverable under separate legal theories, but 1940.2’s remedy is the flat penalty.
The statute does not mention punitive damages. Punitive damages can be available under other California tort law in extreme cases, but they are not built into this section.
Section 1940.2 is civil, not criminal. The theft and extortion provisions it references (Penal Code 484 and 518) can carry criminal exposure on their own, but that comes from the Penal Code, not from 1940.2.
The statute also does not enlarge or diminish a landlord’s existing right to terminate a tenancy through lawful procedures. A proper eviction through the courts is still available to the landlord; what 1940.2 forbids is bypassing that process through harassment.
The Good-Faith Warning Safe Harbor
Not every uncomfortable message from a landlord is harassment. Section 1940.2 specifically protects landlords who give good-faith notices or warnings about lease violations, or who explain rules and regulations in the normal course of business.1California Legislative Information. California Civil Code 1940.2
A written notice pointing out that you’ve violated the noise clause in your lease is not a 1940.2 violation, even if the tone is sharp. The line gets crossed when the warning is pretextual and forms part of a broader campaign to push you out. That intent is what a tenant has to prove, which is why documenting a pattern matters so much.
What Section 1940.2 Does Not Cover
Two situations tenants often assume fall under 1940.2 are actually governed by other statutes. Filing under the wrong one costs you the remedies of the right one.
Utility Shutoffs and Lockouts
Cutting off your water, electricity, gas, heat, or other utility service to force you out is prohibited by California Civil Code 789.3, not 1940.2. Section 789.3 also covers lockouts, removing doors or windows, and taking your personal property without written consent. Its remedies are stronger: actual damages, a penalty of up to $100 per day the violation continues (with a $250 minimum per incident), reasonable attorney’s fees, and injunctive relief.3California Legislative Information. California Civil Code 789.3
Retaliation for Complaints
If your landlord raises your rent, cuts services, or moves to evict you because you complained about habitability or reported a code violation, that falls under Civil Code 1942.5. That statute creates a presumption of retaliation when the landlord acts within 180 days of your complaint and specifically prohibits using immigration threats as retaliation.4California Legislative Information. California Civil Code 1942.5
These statutes can stack. A landlord who shuts off your power and threatens to call immigration authorities may expose themselves to claims under both 789.3 and 1940.2, each with its own penalties.
Filing a Claim
You can bring a 1940.2 claim in regular civil court or in small claims court. Small claims is often more practical: faster, cheaper, and no lawyer required. California small claims handles cases up to $12,500 for individuals.5Self-Help Guide, California Courts. Small Claims in California Because the 1940.2 penalty caps at $2,000 per violation, most claims fit comfortably inside that limit.
Filing fees depend on the amount claimed. Claims of $1,500 or less cost $30 to file. Claims between $1,500 and $5,000 cost $50, and claims from $5,000 to $12,500 cost $75.6Superior Court of California. Statewide Civil Fee Schedule Effective January 1, 2026 You will also need to have the landlord properly served with the court papers.
Based on available guidance, the statute of limitations for a 1940.2 claim is generally three years. Whether you file in small claims or civil court, document as you go. Save text messages and emails. Take photos and videos. Keep a written log of incidents with dates, times, and what was said. A case built on a contemporaneous record is far stronger than one built on recollection.
Filing a lawsuit is not the only route. Many California cities and counties have tenant protection programs that investigate harassment complaints and can impose their own penalties, and some local ordinances define harassment more broadly than state law, particularly in jurisdictions with rent stabilization. A local tenant rights organization can help you weigh whether a formal complaint, mediation, or a lawsuit fits your situation best.