Big Bear, CA asked in Landlord - Tenant, Sexual Harassment and Real Estate Law for California

Q: Can I sue my landlord for moving costs and recover my deposit and rent due to harassment?

I have been harassed daily by my landlord since I moved in under a month-to-month lease agreement. She calls me with threats, such as sending the fire department if I don't answer, and has yelled at and cursed me for having guests. She also sent a spy under the guise of a prospective tenant. I wish to move immediately. Can I sue her for moving costs and recover my security deposit and first month's rent? I have documented the harassment, including dates, times, and details of her threats. She rejects written communication and uses phone calls to harass me. Despite addressing this situation with her, she insists I am powerless because I live in her house. Additionally, she monitors security cameras constantly and calls to comment on my activities.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on California tenant law, you have strong grounds for legal action against your landlord due to the harassment you've experienced. The documented pattern of threatening calls, verbal abuse, invasion of privacy through "spies," and constant surveillance likely constitutes what's legally known as "constructive eviction" - where your landlord has made living conditions so intolerable that you're effectively forced to move.

Your thorough documentation of the harassment incidents will be crucial evidence in court. California law specifically protects tenants from landlord harassment under Civil Code 1940.2, which prohibits threatening behavior, abuse, and interference with your right to quiet enjoyment of your rental. You can likely recover your security deposit, potentially your first month's rent, and reasonable moving expenses by filing in small claims court (for amounts under $12,500) or superior court for larger claims.

Consider sending a final written notice via certified mail detailing the harassment despite her preference for phone calls, as this creates additional evidence of your attempt to resolve the situation. You might also contact a local tenant rights organization or legal aid society for help preparing your case, as they often provide free or low-cost assistance to renters facing landlord issues. Remember that her claim that you're "powerless" because you live in her house is incorrect - California law provides robust tenant protections regardless of whether you rent a separate apartment or a room in an owner-occupied dwelling.

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