A landlord who institutes an unlawful detainer proceeding based upon a tenant's nonpayment of rent, and who is liable for a violation of Section 1942.4 of the Civil Code, shall be liable to the tenant or lessee for reasonable attorneys' fees and costs of the suit, in an amount to be fixed by the court.
§ 1174.21.Landlord's Liability For Attorney's Fees and Costs
Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Enacted 2003 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1174.21 makes a landlord who sues for unlawful detainer over nonpayment of rent, and who is also liable for violating Civil Code § 1942.4, responsible for the tenant's reasonable attorney's fees and costs in an amount the court sets.
Full Text of § 1174.21
Plain-English Summary
Civil Code § 1942.4 bars a landlord from demanding or collecting rent for a unit with serious, uncorrected habitability problems without giving the required notice. Section 1174.21 attaches a consequence to bringing an eviction case for nonpayment while also being liable under that provision: the landlord owes the tenant reasonable attorney's fees and costs, with the court fixing the amount.
This fee-shifting rule stands on its own, separate from the fee award a tenant might also win under § 1174.2's habitability defense, which depends on a statute or the lease itself authorizing fees. Here, the fee liability flows directly from the § 1942.4 violation once the landlord has filed a nonpayment case against that tenant.
Frequently Asked Questions
When is a landlord liable for my attorney's fees in an eviction case?
When the landlord sues for unlawful detainer based on nonpayment of rent while also being liable for violating Civil Code § 1942.4.
What is a Civil Code Section 1942.4 violation?
It generally involves demanding or collecting rent for a unit with serious, uncorrected habitability problems without giving the tenant the required notice.
Does this fee rule apply to every eviction case?
No. It's specific to nonpayment cases where the landlord is also liable under Civil Code § 1942.4, not to eviction cases generally.
Amendment History
Added by Stats 2003 ch 109 (AB 647),s 2, eff. 1/1/2004.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: landlord attorney fees eviction californiacivil code 1942.4 eviction california