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Santa Clara County, CA Rental Property Rules: Tenant Anti-Harassment (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

City-specific rules exist: San Jose has its own tenant anti-harassment rules that differ from Santa Clara County's county-level regulations. If you live in San Jose, check the city-specific page instead.

(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.

Source: California Civil Code §1940.2 (Tenant Harassment)View official code

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?
Civil Code §1940.2 bars forcible exclusion, threats, fraud, and utility shutoffs. Section 1942.5 bars retaliation. Common-law tort claims and small claims court provide additional damages remedies.
Are city tenant protection ordinances stronger?
Yes. San Jose's Tenant Protection Ordinance, Mountain View's CSFRA, and Cupertino's tenant protection rules each list specific harassment acts and impose larger administrative fines than state Civil Code §1940.2 allows.

Sources & Official References

Other rules in Santa Clara County

All Santa Clara County rules

California rules heatmap·Compare Santa Clara County to another location·View the California rental property rules overview

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Tenant Anti-Harassment in Cities Across Santa Clara County