Fairfax · Renting & eviction

Harassment and lockouts in Fairfax

Town rule: cutting services, skipping required repairs and other listed acts are harassment if in bad faith, with ulterior motive or without honest intent.

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Key points

Harassment: Town rule: cutting services, skipping required repairs and other listed acts are harassment if in bad faith, with ulterior motive or without honest intent.

Each rule below links to the section of the Fairfax Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What Fairfax's code says

Fairfax code What Fairfax's code adds
Prohibited acts	Cutting off, failing to provide, or threatening to cut off housing services under the lease, including utilities and agreed amenities. Applies: When done in bad faith, with an ulterior motive, or without honest intent. § 5.55.060 · code text Interrupt, fail to provide, or threaten to interrupt or fail to provide any housing service under a lease or rental agreement, including but not limited to utility services and other amenities and services agreed to by contract; Not doing repairs or maintenance required by contract or by state, town or county housing, health or safety laws. Applies: When done in bad faith, with an ulterior motive, or without honest intent. § 5.55.060 · code text Fail to perform repairs or maintenance required by contract or by state, town, or county housing, health, or safety laws; Not completing started repairs and maintenance with due diligence, including not following industry-appropriate safety standards and protocols. Applies: When done in bad faith, with an ulterior motive, or without honest intent. § 5.55.060 · code text Fail to exercise due diligence to complete repairs and maintenance once undertaken, including the failure to follow industry-appropriate safety standards and protocols; Abusing or improperly using the landlord's right to access the property. Applies: When done in bad faith, with an ulterior motive, or without honest intent. § 5.55.060 · code text Abuse or otherwise improperly use landlord's right to access the property; Removing the tenant's personal property from the unit. Applies: When done in bad faith, with an ulterior motive, or without honest intent. § 5.55.060 · code text Remove personal property of the tenant(s) from the dwelling unit; Trying to get tenants to move out by fraud, intimidation or coercion, including threats based on immigration status. Applies: When done in bad faith, with an ulterior motive, or without honest intent. § 5.55.060 · code text Influence or attempt to influence the tenant(s) to vacate the unit by means of fraud, intimidation, or coercion (including but not limited to threats based on immigration status in violation of Cal. Civil Code § 1940.3; Offering money or anything else to get tenants to move out more than once every 6 months. Applies: When done in bad faith, with an ulterior motive, or without honest intent. § 5.55.060 · code text Offer payment or any other consideration, in return for the tenant(s) vacating the dwelling unit, more often than once every six months; Threatening tenants with physical harm by word or gesture. Applies: When done in bad faith, with an ulterior motive, or without honest intent. § 5.55.060 · code text Threaten the tenant(s) by word or gesture with physical harm; Interfering with tenants' right to quiet use and enjoyment of their home. Applies: When done in bad faith, with an ulterior motive, or without honest intent. § 5.55.060 · code text Interfere with the tenant(s) right to quiet use and enjoyment of the dwelling unit; Refusing to accept or acknowledge receipt of lawful rent. Applies: When done in bad faith, with an ulterior motive, or without honest intent. § 5.55.060 · code text Refuse to accept or acknowledge receipt of lawful rent from the tenant(s); Interfering with tenants' right to privacy. Applies: When done in bad faith, with an ulterior motive, or without honest intent. § 5.55.060 · code text Interfere with the tenant(s) right to privacy; Asking for information that violates tenants' right to privacy. Applies: When done in bad faith, with an ulterior motive, or without honest intent. § 5.55.060 · code text Request information that violates the tenant(s) right to privacy; Repeated acts or omissions that substantially interfere with or disturb tenants' comfort, repose, peace, or quiet enjoyment and cause, are likely to cause, or are intended to cause tenants to vacate Applies: In bad faith, with ulterior motive, or without honest intent § 5.55.060 · code text Other repeated acts or omissions of such significance as to substantially interfere with or disturb the tenant(s) comfort, repose, peace, or quiet enjoyment, and that cause, are likely to cause, or are intended to cause the tenant(s) to vacate the dwelling unit; Retaliating against tenants for using their rights under these town rules or state or federal law. Applies: When done in bad faith, with an ulterior motive, or without honest intent. § 5.55.060 · code text Retaliate against the tenant(s) for the tenant(s) exercise of rights under this chapter or state or federal law.

The California rule underneath

Where Fairfax's rule above does not cover a situation, state law still applies. For the statewide rule on its own, see Tenant harassment and lockouts in California.

CA state law The statewide rule underneath
Lockouts and self-help eviction banned	A landlord may not change locks, remove doors or windows, or remove the tenant's belongings to force a tenant out Civ. Code § 789.3(b)
Utility shutoffs banned	A landlord may not cut off water, heat, electricity, gas or other utilities to force a tenant out Civ. Code § 789.3(a)
Lockout / shutoff penalty	Actual damages plus up to $100 per day of violation, at least $250 per cause of action, and attorney's fees Civ. Code § 789.3(c), (d)

Who this affects

TenantsLandlordsProperty managers

General information, not legal advice.

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Fairfax Municipal Code — full text