Legal Question in Landlord & Tenant Law in California

Tenant Protection Against Retaliation

Are there laws in California to protect tenants from retaliatory acts of a landlord? For example, if a tenant of a income-restricted rental property goes to complain about minor problems on the property that the landlord does not wish to fix, and the next day the landlord calls the tenant's employer to verify income on the tenant to see if he can be evicted, is there anything the tenant can do to protect himself from this kind of retaliation? If there is an annual income maximum on the property, shouldn't the tenant's income be verified through his tax return, rather than disturbing the tenant's employer mid-year?

Thanks for your help!


Asked on 7/14/07, 7:29 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Tenant Protection Against Retaliation

Yes, there are laws restricting retaliation. However, you cannot assert them prior to an eviction being filed. Retaliation is a defense to eviction.

How do you know what landlord called employer about? If employer told you it was a preliminary attempt to evict, you are in business.

You must document every complaint, IN WRITING, to landlord and keep a copy. Either send certified mail (return receipt), or hand the complaints personally, with at least one witness. The problem, therefore, is proving retaliation, and this is the way to do it.

The law protects you in retaliation matters, unless you owe rent. You can't be evicted for 180 days, and the law gives you damages and attorney fees.

Feel free to e-mail me, or call, if you need more.

Good luck!

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Answered on 7/14/07, 9:32 pm


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