Scope and Purpose of the Statute

“Civil Code section 1940.2 makes it unlawful for a landlord to commit certain specified acts “for the purpose of influencing a tenant to vacate a dwelling.” (Erlach v. Sierra Asset Servicing, LLC (2014) 226 Cal.App.4th 1281, 1300-1 citing Civ.Code, Sec. 1940.2(a).) “The purpose of Civil Code section 1940.2 is to prohibit a landlord's use of ‘constructive’ self-help eviction techniques (Friedman et al., Cal. Practice Guide: Landlord–Tenant, supra, ¶7:42, at 7–14), such as theft, extortion, interference with a tenant's quiet enjoyment, or trespass ‘for the purpose of influencing a tenant to vacate a dwelling.’” (Erlach, supra, citing Civ.Code, Sec. 1940.2(a).)

Statutory Provision

Unlawful acts for purpose of influencing tenant to vacate:

1. It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling:
   1. Engage in conduct that violates subdivision (a) of Section 484 of the Penal Code.
   2. Engage in conduct that violates Section 518 of the Penal Code.
   3. Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenant's quiet enjoyment of the premises in violation of Section 1927 that would create an apprehension of harm in a reasonable person. Nothing in this paragraph requires a tenant to be actually or constructively evicted in order to obtain relief.
   4. Commit a significant and intentional violation of Section 1954.
   5. Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant. This paragraph does not require a tenant to be actually or constructively evicted in order to obtain relief.
2. A tenant who prevails in a civil action, including an action in small claims court, to enforce his or her rights under this section is entitled to a civil penalty in an amount not to exceed two thousand dollars ($2,000) for each violation.
3. An oral or written warning notice, given in good faith, regarding conduct by a tenant, occupant, or guest that violates, may violate, or violated the applicable rental agreement, rules, regulations, lease, or laws, is not a violation of this section. An oral or written explanation of the rental agreement, rules, regulations, lease, or laws given in the normal course of business is not a violation of this section.
4. This section does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing state or local law; nor does this section enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant.

Pleadings

To assert a cause of action for violation of Civ. Code Sec. 1940.2, plaintiff must allege that lessor unlawfully influenced lessee to vacate a dwelling. (Civ. Code Sec. 1940.2.) One such method listed under Section 1940.2 includes the use, or threaten use, of force, willful threats, or menacing conduct constituted a course of conduct that interferes with the tenant’s quiet enjoyment of the premises that would create an apprehension of harm in a reasonable person. (Id. at 1940.2(a)(3).)