Section 1942

Citation: Section 1942
Parent Document: Winslett v. 1811 27th Ave., LLC, 237 Cal. Rptr. 3d 25 (2018)
Jurisdiction: California (state)
Effective Date: 2018-08-15
Original Source: https://www.courtlistener.com/opinion/6239848/winslett-v-1811-27th-ave-llc/ ↗

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These common law developments began nearly simultaneously with the enactment of section 1942.5, in Schweiger v. Superior Court (1970) 3 Cal.3d 507, 513, 90 Cal.Rptr. 729, 476 P.2d 97 ( Schweiger ), a case involving an eviction predating enactment of the statute. There, a tenant who paid $75 per month in rent complained to his landlord about dilapidated conditions, and in response, the landlord increased his rent to $125 per month and then evicted him. ( Id. at p. 510, 90 Cal.Rptr. 729, 476 P.2d 97.) Our Supreme Court held that a retaliatory eviction defense was available in the eviction proceedings, independent of section 1942.5. Borrowing heavily from Edwards v. Habib (D.C. Cir. 1968) 397 F.2d 687 ( Edwards ), the Schweiger court grafted the holding in Edwards onto California law: " '[W]hile the landlord may evict for any legal reason or for no reason at all, he is not, we hold, free to evict in retaliation for his tenant's report of housing code violations to the authorities. As a matter of statutory construction and for reasons of public policy, such an eviction cannot be permitted.' " ( Schweiger , supra , at pp. 512-513, 90 Cal.Rptr. 729, 476 P.2d 97.)

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