Can my landlord evict me for complaining about repairs? (Civil Code 1942.5)

By Tyler Vance, California attorney · Updated 2026-09-28 · 3 min read

General information, not legal advice. Every situation is different. If you have a deadline or court papers, don't wait on a guide. Call (562) 644-4186.

Short answer: California law generally prohibits a landlord from retaliating against a tenant for making a good-faith complaint about the condition of the unit. But the protection has conditions, and a landlord can still act for a legitimate reason. Here is how I explain it to tenants. This is general information, not advice about your case.

What Civil Code 1942.5 says, in plain English

Under Civil Code section 1942.5, if a tenant is not in default on rent, the landlord generally may not retaliate within 180 days after the tenant does things like:

• giving the landlord notice, orally or in writing, about a condition that needs repair, or
• filing a complaint in good faith with a public agency about the unit's condition, or
• having an inspection done or a citation issued as a result of that complaint,

among other protected activities listed in the statute. Retaliation under this section includes recovering possession (eviction), causing the tenant to quit involuntarily, raising the rent, or decreasing services.

Important limits

• Rent status matters. The 180-day protection in subdivision (a) applies to tenants who are not in default on rent.
• Once every 12 months. The statute says a tenant can't invoke that subdivision more than once in any 12-month period.
• Legitimate reasons still count. The law doesn't stop a landlord from acting for a lawful reason given in good faith and stated in the notice.

Retaliation outside the 180 days

Section 1942.5 also separately prohibits retaliating against a tenant for lawfully organizing or participating in a tenants' association, or for lawfully and peacefully exercising legal rights. That protection is not limited to the 180-day window, and in that situation the tenant generally has the burden of producing evidence that the landlord's conduct was retaliatory.

What a tenant can recover

The statute allows a tenant to recover actual damages and, if the landlord acted with fraud, oppression, or malice, punitive damages of $100 to $2,000 for each retaliatory act. The prevailing party can recover reasonable attorney's fees if a party requests them at the start of the case. Retaliation can also be raised as a defense in an eviction case. Whether any of this applies depends on the facts, and nothing here predicts an outcome.

What I'd suggest doing

1. Keep copies of every repair request and every response, with dates.
2. Keep paying rent on time if you can, and keep proof of payment.
3. Write down when any rent increase, change in services, or notice arrived and how it was delivered.
4. Don't ignore an eviction notice or court papers. Court deadlines in eviction cases are short.

If you've complained about repairs and then received a rent increase or a notice to leave, I'm happy to look at it. I represent tenants only in habitability matters, and I'll conflict-check the property and the parties first.

Attorney advertising. This guide is general information about California law as of the date shown, not legal advice, and it may not reflect later changes or local rules. Reading it or contacting me does not create an attorney-client relationship. Results vary and no outcome is guaranteed. Better Call Vance, PC, Tyler Vance, CA Bar No. 318810, 3301 Michelson Drive, Suite 2107, Irvine, CA 92612.