It Is Illegal For Landlords To Harass Their Tenants
Landlord Harassment Is Illegal
For instance, California state law and local city ordinances protect tenants against harassment. Whether physical or verbal, all landlord harassment has the same goal—to force the tenant to move out. Harassment is when a landlord uses persistent aggressive methods, fraud, coercion, or intimidation to get a tenant to do what the landlord wants. Harassment is meant to disrupt the tenant’s legal right to quiet enjoyment of their unit in order to force the tenant to move or to force the tenant to refrain from pursuing any potential legal rights they may have against the landlord.
Why Would A Landlord Harass A Tenant?
Rent Controlled Jurisdictions:
In rent-controlled jurisdictions, such as San Francisco, Berkeley, Richmond, Mountain View, Alameda, and Oakland, landlords are highly motivated to get long-term tenants to move out in order to raise the rent to market rate. Many landlords rely on the assumption that tenants do not know their legal rights. Harassment of the tenant is pursued to avoid costly legal fees and the hassle of a legal eviction and, most importantly, the landlord typically has no actual cause to evict the tenant other than their bad faith motivation to substantially raise the rent.
How Can A Tenant Prove Landlord Harassment?
Landlord harassment claims can sometimes be difficult to prove. These cases often come down to a tenant’s ability to prove the harassment. Tenants need to be extremely diligent in notating each harassing event. Tenants should maintain a log with dates and times. If possible, they should also get statements from friends and neighbors, and take pictures and recordings. If a tenant feels that they are in physical danger, they should call the police and can also pursue a restraining order against their landlord.
What Are The Harassment Laws In the State Of California?
It is illegal for a landlord to induce a tenant to leave a unit by the use of “force, willful threats, or menacing conduct”; by threatening to disclose the citizenship status of the tenant or the tenant’s guests; by entering the tenant’s unit in substantial violation of the law; and to take, deprive, or remove the tenant’s property from the unit without consent. Cal. Civ. Code § 1940.2. Landlords who are found to have harassed their tenants are liable for punitive damages of up to $2,000.00 for each violation of the law. Id. Tenants do not have to be actually evicted or constructively evicted to be awarded damages for harassment. Id. Additionally, the state’s anti-retaliation statute prevents a landlord from harassing a tenant after the tenant has asserted rights under law. Cal. Civ. Code § 1942.5. Landlords who violate this prohibition are liable for actual damages, attorney’s fees, and punitive damages of up to $2,000 per retaliatory act. Id.
Harassment Laws in San Francisco:
"Tenants" who are harassed by their landlord can file a civil lawsuit against their landlord for damages and for an injunction to stop the behavior. Additionally, a landlord convicted for violation of this section of the Rent Ordinance will be subject to criminal penalties. Id. Where the tenant can prove harassment, the landlord will be assessed a statutory penalty of $1,000.00 for each instance of harassment. Id. The tenant can also seek an award of three times (treble damages) their emotional distress and out-of-pocket damages. Id. And, punitive damages and attorney fees are provided for under the ordinance. Id.
Harassment Laws in Los Angeles:
"Any tenant who has been retaliated against or harassed by their landlord, or any person or entity acting on behalf of the tenant’s interest, including the County, may bring a lawsuit against the landlord for violations of the ordinance. L.A. County, Cal., Mun. Code § 8.52.170. Tenants can sue their landlord for injunctive, declaratory and other equitable relief, restitution, and reasonable attorney fees and costs. Id. The court may award reasonable attorney fees and costs to a landlord who prevails in any action brought against them if the court determines that the tenant's action was frivolous. In addition, tenants may seek a civil penalty of between $2,000 and $5,000 per violation. L.A. County, Cal., Mun. Code § 8.52.130. If the tenant is 62 years old or older or is disabled, the court may award an additional $5,000 per violation. Each violation of the ordinance, and each day such violation is committed, permitted, or continued, is a separate offense. L.A. County, Cal., Mun. Code § 8.52.170."
Harassment Laws in Oakland:
Oakland’s Tenant Protection Ordinance also prohibits retaliation by the landlord against the tenant for exercising their rights under the law and allows tenants to bring retaliation claims against the landlord in civil court. Id. It is important to note that under the Oakland TPO, tenants must first comply with a notice requirement before they can pursue a civil remedy in court against their landlord if the tenant alleges a violation of 1, 2, 3, 10, 11, 12, or 13 listed above. Oakland, Cal., Mun. Code § 8.22.650. Tenants alleging a violation of those subsections must notify the property owner or their agent of the problem prior to filing a lawsuit. Id. And, in the case of 1, 2, 3, 11, or 12 listed above, the tenant must give fifteen (15) days from the notification for the owner to correct the issue. Id. Similar to San Francisco’s ordinance, Oakland provides for substantial money damages against landlords found liable for harassment. Oakland, Cal., Mun. Code § 8.22.670. Attorney fees and costs, punitive damages, treble damages, and injunctive relief are all available under the ordinance. Id.
Harassment Laws in Berkely:
Like the Oakland TPO discussed earlier, before a tenant can bring a claim in civil court for violation of certain subsections listed above, the tenant must first comply with the notice requirement to the property owner or the owner’s agent. Id. Landlords found to have violated the TPO can be liable for actual damages, attorney fees, treble damages, injunction, and an award of civil penalties in the sum of between $1,000 and $10,000 for each violation. Plus, the landlord may be held liable for an additional penalty of up to $5,000 for each violation against any person who is disabled or elderly (age sixty-five or over).
Harassment Laws in Long Beach:
Long Beach, Cal. Mun. Code § 8.101.030.
If a property owner, or any person acting as principal, agent, contractor, subcontractor, or any representative of the owner violates the City of Long Beach’s harassment ordinance, they may be liable for the tenant’s money damages, a penalty of up to $5,000 but not less than $2,000 per violation, and any other relief the court deems appropriate. Long Beach, Cal. Mun. Code § 8.101.040(A). If the tenant is older than sixty-five years old or is disabled, the court may award an additional penalty of up to $5,000 per violation. Id. Further, the court may award reasonable attorney fees and costs to a tenant who prevails in their lawsuit. Long Beach, Cal. Mun. Code § 8.101.040(B). The court may also award reasonable attorney fees and costs to an owner who prevails in the lawsuit if the court determines that the tenant's action was frivolous. Id.
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However, in Texas the Attorney General's Office has specified their rules and policies regarding Renters Rights:
Some landlords prefer oral agreements, but it is more common for them to require your signature on a written lease. Be sure to read the lease carefully before you sign it.
If you want to change part of the lease, discuss it with the landlord. If the landlord agrees, the two of you should decide how you want to word the change and then write it into the agreement. Both you and the landlord should then initial the change. For example, many standard leases prohibit pets, but your landlord may be willing to accept a pet if you put down extra money as security.
Peace and Quiet
Your rights as a tenant include the right to "quiet enjoyment," a legal term. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet.
If other tenants in your building are disturbing you, you should complain to the landlord. Of course, you may not disturb other tenants either.
Except under certain circumstances and subject to certain conditions, a landlord may not interrupt utilities to a tenant unless the interruption results from bona fide repairs, construction, or an emergency. See Tex. Prop. Code Ann., § 92.008.
Health and Safety
You have a right to demand that the landlord repair any condition that materially affects your physical health or safety. § 92.052.
Justices of the peace have authority to order landlords to repair or remedy conditions affecting a tenant's physical health or safety, as long as the cost of the repair does not exceed $10,000. Tenants can go to justice court without an attorney to obtain a repair order. § 92.0563.
Unless the need for repair was created by “normal wear and tear,” the landlord does not have a duty to repair problems caused by you, another lawful occupant, a member of your household, or your guests. § 92.052. Under certain conditions, you and the landlord may have a written agreement that you will make needed repairs.
The landlord must also provide smoke detectors. Pursuant to the Texas Property Code Chapter 92, Subchapter F, you may not waive that provision, and you may not disconnect or disable the smoke detector.
Security Devices
Although there are some specific exceptions, under the Texas Property Code Chapter 92, Subchapter D, a dwelling must be equipped with security devices such as window latches, keyed dead bolts on exterior doors, sliding door pin locks and sliding door handle latches or sliding door security bars, and door viewers. § 92.153.
These devices must be installed at the landlord's expense. If such devices are missing or are defective, you have the right to request their installation or repair.
If You Have Problems
In Texas, if the landlord won't make repairs needed to protect your health, safety, or security, and you follow the procedures required by law, you may be entitled to:
- Have the problem repaired and deduct the cost of the repair from your rent; or
- File suit to force the landlord to make the repairs.
§§ 92.056 and 92.0561. To recover under one of the methods above, you
MUST follow these steps:
- Send the landlord a dated letter by certified mail, return receipt requested, or by registered mail, outlining the needed repairs. You may also deliver the letter in person. Keep a copy of the letter. Be sure that your rent is current when the notice is received.
- Your landlord should make a diligent effort to repair the problem within a reasonable time after receipt of the notice. The law presumes seven days to be a reasonable time, but the landlord can rebut this presumption. If the landlord has not made a diligent effort to complete the repair within seven days and you did not have the first notice letter delivered to your landlord via certified mail, return receipt requested, or via registered mail, you will need to send a second notice letter regarding the needed repairs.
- If the landlord still has not made diligent efforts to repair the problem within a reasonable time after receipt of the notice letter sent by certified mail, return receipt requested, or by registered mail, you may be entitled to terminate the lease, repair the problem and deduct the cost from your rent, or get a court to order that the repairs be made. You should consult with an attorney before taking any of these actions.
Under Texas law, it is illegal for a landlord to retaliate against you for complaining in good faith about necessary repairs for a period of six months from the date you made such a complaint. §§ 92.331-92.335. Of course, you can always be evicted if you fail to pay your rent on time, threaten the safety of the landlord, or intentionally damage the property.
You do not have a right to withhold rent because the landlord fails to make repairs when the condition needing repair does not materially affect your physical health or safety. If you try this method, the landlord may file suit against you. § 92.058.
Recovering Your Deposit. Most landlords require you to pay a security deposit to cover any repairs needed when you move out or to cover your failure to pay the last month's rent. By law, landlords cannot refuse to return the deposit without a valid reason. §§ 92.101-92.109.
Deductions for damages. Under Texas law, you must give the landlord a forwarding address in order to receive your returned security deposit. The landlord must return your deposit — less any amount deducted for damages — within 30 days. If the landlord withholds part or all of your deposit, they must give you an itemized list of deductions with a description of the damages.
Normal wear and tear. The landlord may not charge you for normal wear and tear on the premises and may only charge for actual abnormal damage. For example, if the carpet simply becomes more worn because you and your guests walked on it for a year, the landlord may not charge you for a new carpet. If your water bed leaks and the carpet becomes mildewed as a result, you may be charged.
Advance notice requirements. You should check your rental agreement to see if it requires you to give the landlord advance notice that you are moving. Many leases require a 30-day notice as a condition of returning your deposit.
If you give your landlord your new address in writing and you do not receive your deposit or an explanation within 30 days of your departure, contact the landlord. If you cannot resolve the problem satisfactorily, you may wish to consult an attorney. You can also contact the Better Business Bureau or your local tenants’ council. You can also file a complaint with this office.
