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/ ↗

Full Text

1,289 chars

*250Less than a year later, the same landlord surfaced again in Aweeka v. Bonds (1971) 20 Cal.App.3d 278, 97 Cal.Rptr. 650, a Court of Appeal case that also involved a pre- section 1942.5 eviction. The Aweeka case was a virtual replay of Schweiger , supra, 3 Cal.3d. 507, 90 Cal.Rptr. 729, 476 P.2d 97, but in a slightly different procedural posture. There, a group of tenants demanded the repair of dilapidated conditions, and for that, their rent was raised from $75 to $145 per month. Instead of waiting to be sued in an unlawful detainer action, they sued for retaliatory eviction. They lost on demurrer. Reversing, the Court of Appeal extended Schweiger to authorize an affirmative claim for damages. The court explained: "We can discern no rational basis for allowing ... a substantive defense while denying an affirmative cause of action. It would be unfair and unreasonable to require a tenant, subjected to a retaliatory rent increase by the landlord, to wait and raise the matter as a defense only, after he is confronted with an unlawful detainer action and a possible lien on his personal property. ... Accordingly, we conclude on the authority of Schweiger that the complaint stated a cause of action for retaliatory eviction." ( Aweeka , supra , at p. 281, 97 Cal.Rptr. 650.)

Other Sections in This Document (73)

Full Text