Santa Clara County, CA Rental Property Rules: Tenant Anti-Harassment (2026)
Key Facts
- State law
- Cal. Civ. Code §1940.2
- Anti-retaliation
- Cal. Civ. Code §1942.5
- Statutory penalty
- Up to $2,000 per violation
- County code
- No SCC unincorporated TAHO
- Stronger cities
- San Jose; Mountain View; Cupertino
Summary
Santa Clara County has not adopted a countywide tenant anti-harassment ordinance for unincorporated areas. Tenants rely on California Civil Code §1940.2 against forcible exclusion plus tort remedies for retaliation or harassment.
(a) 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. (5) Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant.
Full Breakdown
Unincorporated Santa Clara County has no tenant anti-harassment ordinance comparable to LA County's Title 8.59 or San Jose's Tenant Protection Ordinance. Statewide protections still apply: Civil Code §1940.2 prohibits forcible entry, threats, utility shutoffs, or fraud aimed at compelling a tenant to vacate, with a fixed civil penalty of up to $2,000 per violation. Civil Code §1942.5 forbids retaliation within six months of a protected activity. Tenants may also pursue common-law claims for harassment, intentional infliction of emotional distress, and trespass. San Jose, Mountain View, and Cupertino have their own city-level anti-harassment provisions that operate inside their borders.
Violations & Fines
Civil Code §1940.2 imposes penalties of up to $2,000 per act of harassment. Retaliation under §1942.5 carries actual damages, civil penalties up to $2,000, and mandatory attorney fees.
Frequently Asked Questions
What protects me from harassment in unincorporated Santa Clara County?
Are city tenant protection ordinances stronger?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California rental property rules overview
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