Your landlord or building manager cannot forcibly enter your home, harass you, remove your things, change the locks, turn off the utilities, or force you to move without filing an unlawful detainer (see "eviction" page).

1. To make necessary or agreed-upon repairs.
2. To show the apartment to prospective tenants, buyers, mortgage holders, repair persons and contractors.
3. When the tenant has moved prior to the expiration of the rental term.
4. When the landlord has a court order authorizing entry.
5. In case of an emergency that threatens injury or property damage if not corrected immediately.

SALE OF BUILDING

If your building is being sold, the landlord can give you a verbal 24-hour notice of prospective buyers coming in, ONLY IF he has given you a written notice that the building was going up for sale within 120 days of the notice.

Showing of the building must be during normal business hours, 9-5 Monday through Friday. You cannot refuse to allow prospective buyers into your apartment. However, you can specify which times are better for you. For instance, if the landlord wants to enter Monday at 4pm, you can say, "No, Monday is not good, but Tuesday and Wednesday are." You can negotiate, but you cannot stop the landlord from showing the building altogether. You can be evicted for preventing him from showing it.

TAKE ACTION

If your landlord is illegally entering your apartment:

1. Write a letter to your landlord demanding that illegal entry be stopped. Demand a 24-hour written notice for future entries, and state that these visits must be made during normal business hours (weekdays, between 9:00 am and 5:00 pm) unless you consent to other times.
2. Keep a log of all known entries. Talk to neighbors who may have witnessed the entries.
3. Put a "keyed entry chain" on the door. Be aware, however, that your landlord will still be able to gain access with proper notice and can break the chain in case of an emergency.
4. Sue your landlord in Small Claims Court for up to $7,500 for breaching the Warranty of Quiet Possession (California Civil Code 1927) that is implied in every lease.

HARASSMENT

Your landlord, or anyone acting for your landlord, cannot verbally or physically harass or threaten you, or call the police to try to force you to leave.

TAKE ACTION

If your landlord is harassing you:

1. Keep a log of what the landlord said or did to you, noting the place and date that each incident took place. Note names of witnesses.
2. Deal directly with the harassment when it occurs. Tell the landlord that these actions constitute harassment and that you will take action if the harassment persists.
3. If the harassment persists, write a letter to the landlord spelling out the offensive behavior. Include dates and times.
4. Complain to the California Department of Fair Employment and Housing at (800) 884-1684.
5. If the harassment continues, consider filing a civil lawsuit against the landlord. Consult an attorney.
   

LOCKOUTS

Your landlord or anyone acting for your landlord cannot lock you out, change the locks or plug the key hole, remove any part of the door and/or windows, try to block your entry to your home, or remove your property for the purpose of evicting you. If your landlord attempts any of these tactics to force you out of your apartment, you can:

1. Call the police immediately at (415)553-0123. Under Penal Code 418, your landlord is guilty of a misdemeanor and could be arrested. You have a right to regain entry into your apartment, even if your have to break in.
2. Keep a record of these incidents and write a letter to your landlord stating that you are aware of your rights and that you want the situation stopped without further harassment. Keep a copy of all correspondence. This may be used as evidence in your defense should you ever go to court.
3. Register a complaint with the District Attorney's Consumer Fraud Office, (415)553-1814.
4. If you think your landlord may try to lock you out, carry identification with you which will serve as proof of your residence, (e.g. rent receipts, PG&E bills, drivers license, etc.). You can show these to the police if you are locked out.
5. Get an order from the Court to keep the landlord from locking you out again. You will need legal help for this.
6. Contact an attorney or legal clinic. Call the Housing Rights Committee at (415)703-8644 for referrals to attorneys and clinics.
7. Sue your landlord. Under California Civil Code §789.3, you can sue your landlord for punitive damages, plus attorney fees for each day you are locked out of your apartment. In addition, your landlord could be guilty of a misdemeanor and punished by a fine of up $2,000 or 6 months imprisonment in County jail, or both.

UTILITY SHUTOFFS

Your landlord, or anyone acting for your landlord, may not shut off any of your utilities for the purpose of evicting you. Utilities include water, heat, gas, electricity, elevator service and telephone.

1. If your utilities have been turned off, call the utility company at (415) 554-8742 and try to have them turned back on. If that doesn't work, try the Public Utilities Commission at 703-1170. If it's a water turnoff, call 551-4767 to get the bill put in your name.
   
2. Keep a record of these incidents and write a letter to your landlord stating that you are aware of your rights and that you want the situation stopped without further harassment. Keep a copy of all corre- spondence. This may be used as evidence in your defense should you ever go to court.
3. If your water, heat, or gas is turned off, call the Health Department and complain.
4. File a petition with the Rent Arbitration Board for a reduction in rent to compensate you for the loss of the utilities. Contact The Housing Rights Committee or the Rent Board for advice.
5. Talk with your neighbors. If other tenants in your building have the same problem, you will be better off acting together to solve the problem.
6. Sue your landlord. According to California Civil Code 789.3, you can sue your landlord for punitive damages up to $100 per day (no less than $250 total), plus attorney's fees for each day your are locked out of your apartment.

RETAILIATORY EVICTION

According to California Civil Code Section 1942.5, landlords can not retaliate against tenants by evicting them or raising the rent. If your landlord is retaliating against you because of some action you took to protect your rights during the preceding six months, you have a defense against your eviction. Make sure you keep copies of all your actions which show cause for retaliation, such as Rent Board notices or Building Inspection notices.

Remember: If your landlord enters your apartment illegally while you are there, he is trespassing. Call the police.