Boston LLC v. Juarez (2015)

Citation: Boston LLC v. Juarez (2015)
Parent Document: Boston LLC v. Juarez (2015)
Jurisdiction: California (state)
Effective Date: 2015-10-02
Original Source: https://www.courtlistener.com/opinion/3006950/boston-llc-v-juarez/ ↗

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Defendant further points out that LARSO only permits evictions based on breaches of
lawful obligations or covenants of a tenancy, and argues that permitting evictions based on any
breaches under the forfeiture clause would undermine LARSO. However, the breach at issue in
the present case was for failure to obtain renter’s insurance, and defendant does not maintain
such a breach cannot constitute a lawful obligation of tenancy. (See L.A. Mun. Code, § 151.09,
subd. (A)(2) [a valid basis for eviction under LARSO includes when “[t]he tenant has violated a
lawful obligation or covenant of the tenancy and has failed to cure the violation after having
received written notice from the landlord . . .”].) Further, because the eviction here did not
concern an incurable breach (see Code Civ. Proc., § 1161, subd. (4)), and defendant was given
three days to comply with the covenant, the purpose of LARSO that an eviction be based on an
enumerated ground was satisfied. 8
B. Elimination of Defenses 1. Substantial compliance

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