Drouet v. Superior Court, 73 P.3d 1185 (2003)

Citation: Drouet v. Superior Court, 73 P.3d 1185 (2003)
Parent Document: Drouet v. Superior Court, 73 P.3d 1185 (2003)
Jurisdiction: California (state)
Effective Date: 2003-08-11
Original Source: https://www.courtlistener.com/opinion/2585536/drouet-v-superior-court/ ↗

Full Text

936 chars

If (as here) the tenants do not quit the premises by the date the accommodations have been withdrawn from the market, the landlord may institute an action for unlawful detainer. The Act provides that the tenant in such a proceeding “may assert by way of defense that the owner has not complied with the applicable provisions of this chapter . . . .” (Gov. Code, § 7060.6.) The Act also states that it does not supersede “any provision of . . . Title 5 (commencing with Section 1925) of Part 4 of Division 3 of the Civil Code . . . .” (Gov. Code, § 7060.1, subd. (d).) Title 5 includes Civil Code section 1942.5, which (as stated) contains a prohibition against retaliatory evictions. And, while permitting the landlord to go out of business, the Act is not “otherwise” intended to “[o]verride procedural protections designed to prevent abuse of the right to evict tenants.” (Gov. Code, § 7060.7, subd. (c).) B. Civil Code Section 1942.5

Other Sections in This Document (188)

Full Text