Section 1942

Citation: Section 1942
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/ ↗

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Tenants respond that the retaliatory eviction defense is “the only method available to protect one’s home from an alleged phony Ellis [Act] eviction.” We disagree. As explained above, a tenant who believes the landlord’s invocation of the Ellis Act, Government Code, section 7060 et seq., is phony and that the landlord actually intends to offer the vacated units to new tenants may controvert the landlord’s statement of intent. The landlord will then have the burden to establish his or her bona fide intent to withdraw the property from the market by a preponderance of the evidence. It is that requirement, and not the retaliatory eviction defense itself, that will prevent or deter phony evictions. Moreover, a defense of retaliatory eviction is of no help where the landlord’s intention to withdraw units from the market is a sham but the tenant has not engaged in conduct protected under subdivision (a) or (c) of section 1942.5. (Cf. Civ. Code, § 1942.4, subd. (f).)

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