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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Landlord's interpretation is also consistent with the case law. "Subdivision (c) of the statute [now reenacted with only conforming changes as subd. (d) provided that the landlord, even if he had retaliation in mind, could nevertheless prevail if the tenant violated `any lease or agreement or any law pertaining to the hiring of property....' For example, if the tenant was in default in payment of the agreed rent, or if he violated a covenant in a lease, or if he committed waste or maintained a nuisance, the landlord could move to evict him even though the tenant had complained about the habitability of the premises." (Western Land Office, Inc. v. Cervantes (1985) 175 Cal.App.3d 724, 733, 220 Cal.Rptr. 784 (Cervantes), italics added.) We therefore agree with Landlord that section 1942.5, subdivision (d), constitutes an exception to the limitations on landlord conduct set forth in subdivisions (a) and (c). (Cervantes, supra, 175 Cal.App.3d at p. 733, 220 Cal.Rptr. 784.)

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