The temporary moratorium protecting tenants from COVID-19 related evictions remains in place, despite the City slowly returning to a new normal. For the period between March 19 and June 30 of this year, residential and commercial tenants cannot be evicted for nonpayment of rent because of a COVID-19 related financial hardship. Furthermore, tenants will have up to twelve months, interest-free, to repay missed rent without having to fear eviction.

As part of the moratorium, penalties for tenant harassment were increased to deter landlords from bad faith efforts to push out tenants who cannot pay rent. If you are being harassed by your landlord, here is what you need to know:

What is tenant harassment?

Actions taken by a landlord to drive a tenant out constitutes harassment. This may include lying, intimidating, or threatening a tenant, refusing to complete repairs, taking away services, or otherwise intentionally interfering with the tenant’s right to privacy and quiet enjoyment. Landlords must act in good faith, and any bad faith action may be considered harassment. The Santa Monica Municipal Code defines bad faith as “an intent to vex, annoy, harass, provoke, or injure…the intent of a property owner or manage to induce a tenant to vacate a rental housing unit through unlawful conduct.”

If your landlord is intentionally making it difficult to live in your rented residence, it is tenant harassment. A tenant law attorney can help protect your rights.

What happens if my landlord violated the Santa Monica Tenant Harassment Ordinance?

If you are unable to resolve the matter with the landlord, you can file a complaint with the city. Visit smconsumer.org or call the City Attorney’s Office at 310-458-8336 for more information. Make sure to keep a copy of all rental agreements, letters, as well as photos, names of witnesses, and any evidence available to support your complaint. If you believe your rights are in jeopardy, you may also consider contacting a tenant attorney for assistance.

Increased penalties for landlord harassment during COVID-19

Each violation of the Santa Monica Tenant Harassment Ordinance may be a criminal misdemeanor carrying a penalty of up to six months in jail and a fine of $1,000 or it may be a civil violation. The moratorium increased the maximum civil penalty for violating the Santa Monica Tenant Harassment Ordinance from $10,000 per violation to $15,000 per violation. This means any effort to unlawfully remove tenants covered by the eviction moratorium within twelve months of the expiration of the moratorium on June 30, 2020, may result in a fine up to $15,000 per violation. Attorneys’ fees and punitive damages may also be awarded.

Should I contact a tenant law attorney if I am being harassed?

Yes. You can file a complaint with the Public Rights Division of the City Attorney’s Office at (310) 458-8336 or consumer.mailbox@smgov.net. However, to make sure that your rights are properly protected in the interim, contacting a tenant law attorney can help put your mind at ease.