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/ ↗

Full Text

1,233 chars

The majority bases its holding that a landlord may invoke the Ellis Act to evict a tenant for a retaliatory purpose not upon the language of the Ellis Act, but upon the language of the statute that provides protection against retaliatory evictions. Section 1942.5, subdivision (a), provides that a landlord may not recover possession of a leased dwelling within 180 days of the tenant’s exercise of certain rights, including making a complaint about the tenantability of the premises, if the tenant is not in default as to payment of rent and the landlord is “retaliating] against the lessee because of the exercise by the lessee of his rights under this chapter or because of his complaint to an appropriate agency as to tenantability of a dwelling.” The tenant may not invoke the protection of subdivision (a) “more than once in any 12-month period.” (Id., subd. (b).) Subdivision (c) of section 1942.5 prohibits a landlord from bringing an action to recover possession of a dwelling “for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees’ association or an organization advocating lessees’ rights or has lawfully and peaceably exercised any rights under the law.”1

Other Sections in This Document (188)

Full Text