How Can I Prove My Landlord Is Harassing Me? Tenants’ Rights to Be Free From Landlord Harassment in San Francisco, Oakland, and Berkeley

Tenant harassment can take many forms, but most commonly involves threats and actions designed to force tenants to vacate their homes. Bay Area tenants, especially those with valuable rent-controlled apartments, have reported numerous incidents of landlord harassment that are intended to make them leave so the rent can be increased. While laws prohibit this conduct, it can be challenging to prove that unlawful harassment has actually occurred. In fact, many tenants question whether their rights were violated.

Legal Framework for Landlord Harassment Claims 

California law provides a strong foundation against landlord misconduct. State statutes prohibit harassment, retaliation, unlawful entry, and “self-help” eviction tactics, such as lockouts or shutting off utilities. Tenants are also protected by the covenant of quiet enjoyment, which guarantees the right to live in peace without substantial interference from the landlord.

At the federal and state levels, fair housing laws prohibit harassment that targets tenants based on race, disability, family status, or other protected characteristics. These laws are particularly important when landlords use discriminatory tactics to pressure certain tenants to move out.

Layered on top of these broad protections are the local ordinances of San Francisco, Oakland, and Berkeley. Each city has enacted detailed tenant protection frameworks that expand the definition of harassment, increase damages, and provide both administrative and judicial remedies. These ordinances reflect the recognition that in expensive, high-demand housing markets, landlords may have strong financial incentives to harass residents, and tenants need equally strong protections.

What Landlord Harassment Looks Like in Practice

Landlords and their agents, including relatives or property managers, may not harass their tenants. While this includes criminal harassment, such as stalking, landlord harassment is actually quite broad and includes making inappropriate comments or demands, unlawful rent increases, and legal threats or violations of the tenant’s rights. Conduct considered harassment under Cal. Civ. Code § 1940.2 and S.F. Ordinance § 37.10B includes:

• Unlawfully entering the property
• Interfering with the tenant’s right to peaceably enjoy the premises
• Extortion and property theft
• Threatening to disclose occupants’ immigration status or requesting citizenship documentation
• Making verbal or physical threats of violence
• Interrupting or failing to provide housing services, including shutting off utilities
• Refusing to make timely repairs
• Refusing to cash rent checks after 30 days
• Refusing to accept rent payments
• Influencing or attempting to influence a tenant to vacate through fraud or intimidation

Unlike traditional harassment, to prove a case for tenant harassment requires showing that the act was done in bad faith. This means the landlord must undertake the above actions for an unlawful purpose, such as generally pressuring tenants to move out or accept buyout agreements. Proving subjective bad faith can be difficult, but an experienced tenants’ rights attorney may be able to help.

City and State Law Causes of Action and Defenses

Tenants subjected to harassment can rely on several legal claims under California law. Retaliation and harassment statutes provide causes of action, with burdens of proof that require tenants to demonstrate both the landlord’s conduct and its impact. Courts may issue injunctions to stop ongoing harassment, award statutory damages, and impose civil penalties for lockouts or utility shutoffs.

The covenant of quiet enjoyment offers another powerful protection, prohibiting landlords from substantially interfering with tenants’ ability to use and enjoy their homes. Similarly, laws restricting landlord entry limit access to specific reasons, such as repairs or emergencies, and require advance notice.

Unsafe or uninhabitable conditions can also support claims under habitability and negligence theories. When harassment overlaps with discrimination, fair housing statutes provide for additional damages, including attorney’s fees and punitive awards.

San Francisco-Specific Protections

San Francisco’s Rent Ordinance defines harassment broadly, covering acts such as interrupting services, threatening tenants, and coercing buyouts. Both rent-controlled and certain non-rent-controlled tenants are protected, with special rules in place for seniors, disabled tenants, those with catastrophic illnesses, and families with children during the school year.

Tenants can file harassment petitions with the Rent Board, which may order rent reductions, impose administrative penalties, or issue cease-and-desist orders. Civil litigation is also an option, where tenants may seek statutory penalties, compensatory damages, punitive damages, and attorneys’ fees.

Buyout agreements are tightly regulated: landlords must provide disclosures, file agreements with the Rent Board, and honor rescission rights. Construction projects require permits, habitability plans, and sometimes temporary relocation housing. Finally, harassment can undermine landlord claims under the Owner Move-In (OMI) or Ellis Act by evidencing bad faith.

Oakland-Specific Protections

Oakland’s Tenant Protection Ordinance prohibits a wide range of harassment, from illegal lockouts to bad-faith evictions. Covered units include those subject to just-cause protections, though exemptions exist.

Tenants can file complaints through the city or pursue petitions with the Rent Adjustment Program (RAP). Remedies include damages, treble damages in certain cases, attorney’s fees, and administrative fines. Landlords must also comply with disclosure rules for buyouts and construction.

City code enforcement plays a major role in harassment cases, as inspections and citations often corroborate tenant claims.

Berkeley-Specific Protections

Berkeley’s Tenant Harassment Ordinance protects tenants in rent-stabilized units from a broad range of abusive conduct. The law requires proof of intent but also allows for civil penalties and injunctive relief.

Tenants may file petitions with the Rent Board for rent reductions or administrative remedies, and they may also pursue lawsuits for damages and legal fees.

Buyouts and construction activities are regulated through disclosure and relocation requirements, with city inspection records often serving as critical evidence.

Comparing the Three Cities

While all three cities prohibit harassment, the definitions and procedures vary. San Francisco’s rules are highly detailed, with special protections for vulnerable tenants. Oakland emphasizes treble damages and broad administrative authority. Berkeley requires intent but offers both Rent Board and court remedies.

Strategically, tenants and attorneys must consider where to file first—at the city level or in court—based on the relief sought and the strength of the evidence. Differences in damages, penalties, and timelines can significantly influence outcomes.

Evidence: Building a Strong Harassment Case

Unlawful tenant harassment often occurs when owners attempt to evict rent-controlled tenants in order to charge higher prices. If your landlord makes unreasonable demands or says something offensive in writing, it is important to keep these documents as proof of bad faith. 

However, in many instances, a landlord’s harassment may be verbal or implied through their actions. In these situations, we strongly recommend memorializing the harassing event in writing. That means following up the incident with a letter or email to your landlord, where you detail what occurred. It is critical that you do this closely in time to the event, and that you sign/date it and keep a copy for your records. 

You might also consider recording your conversations with your landlord; however, it is critical that you record conversations with your landlord’s knowledge. Judges may accept the tenant’s sworn testimony as circumstantial evidence of harassment. Still, written evidence goes a long way in supporting claims.

Tenants in San Francisco may also prove landlord harassment by showing unlawful rent increases immediately after they rejected buyout offers. Section 37.10(B)(a)(5) states that showing rent increases substantially above comparable market rates within six months of the allegedly harassing conduct can prove that landlord harassment occurred. Unlawfully harassed residents may also be able to support their claim by demanding security footage, setting up lawful security cameras to record the harassment, and obtaining witness testimony from neighbors.

Immediate Steps Tenants Should Take

When harassment occurs, safety is the top priority. In emergencies, tenants should call the police, request emergency repairs, or seek temporary restraining orders. 

Outside of emergency situations, tenants should consider:

• • Cease-and-Desist Letters: Written cease-and-desist letters can put the landlord on notice and create evidence of communication. 
  • Lawful Entry Demands: If your landlord is harassing you by appearing at your door without warning or entering your home for unauthorized reasons, you may send a written request that they halt the behavior immediately.
  • Reasonable Accommodation Requests: If you need accommodations as a protected class, submit them in writing to confirm that you have notified the landlord of your needs.

• Complaints Filed With the City: Should your requests and other communication fail to get a result, you may file a formal complaint with the rent board for your specific city. 

• Paying Lawful Rent: To preserve tenancy rights, it is essential to continue paying lawful rent, even under protest. Failing to pay rent may give your landlord just cause for an eviction, even if they are violating your rights in the meantime.

Litigation Strategy and Remedies

If harassment persists or damages are significant, litigation may be necessary. Tenants can pursue claims for harassment, retaliation, breach of the covenant of quiet enjoyment, privacy violations, and unfair business practices. Remedies include damages for out-of-pocket costs, rent differentials, emotional distress, statutory penalties, and punitive damages.

Attorney’s fees are often recoverable, giving tenants leverage in settlement negotiations. Courts may also issue injunctions to stop harassment or require specific corrective actions.

Special Populations and Enhanced Protections

Certain tenants benefit from heightened protections. Seniors, disabled tenants, and the catastrophically ill have additional safeguards in San Francisco. Families with school-aged children are shielded from disruptive entries or construction during the school year. Tenants with limited English proficiency are entitled to meaningful communication.

Subsidized and public housing tenants also enjoy federal overlays, and roommates or subtenants may assert protections against harassment in shared households.

Construction-Related Harassment Playbook

Construction is a frequent harassment tool. Tenants should be aware that landlords are required to obtain permits, provide schedules, and implement mitigation measures. Excessive dust, noise, and debris can trigger rent reductions or relocation requirements.

When relocation is necessary, landlords are typically responsible for the costs, and tenants maintain the right to return after the project is complete. After construction, landlords are required to restore amenities and repair any damage.

Buyouts and Harassment

Coercive buyouts are another common form of harassment. San Francisco, Oakland, and Berkeley each require landlords to provide disclosures, file agreements, and allow tenants time to consider offers. Tenants should never feel pressured to sign quickly or without counsel.

Improper buyouts can be rescinded within statutory windows, and harassment tied to buyout attempts can be actionable.

How Wolford Wayne, LLP Helps

Wolford Wayne, LLP provides comprehensive tenant advocacy. Our firm intervenes early to stop harassment, helps tenants build strong evidence, and navigates administrative processes. Our skilled tenants’ rights attorneys negotiate practical settlements, pursue litigation when necessary, and secure injunctions, damages, and legal fees.

With city-specific expertise in San Francisco, Oakland, and Berkeley, our firm tailors its strategies to maximize tenant protections and relief.

Take Action to Protect Yourself Against Landlord Harassment

Landlord harassment is unlawful, disruptive, and entirely stoppable. Tenants in San Francisco, Oakland, and Berkeley benefit from some of the nation’s strongest protections. However, success depends on recognizing harassment, documenting it thoroughly, and pursuing remedies through the appropriate channels.

At Wolford Wayne LLP, our experienced tenant rights lawyers might even use evidence of harassment to stop eviction proceedings and reduce unlawfully increased rent. To discuss your harassment claims with our dedicated San Francisco tenant protection team, call (415) 649-6203 or contact us online.