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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         Los Angeles Municipal Code section 151.09, subdivision (B), provides, in relevant part, “If the
dominant intent of the landlord in seeking to recover possession of a rental unit is retaliation against the
tenant for exercising his or her rights . . . or because of his or her complaint to an appropriate agency as
to tenantability of a rental unit, . . . then the landlord may not recover possession of a rental unit in any
action or proceeding . . . .”
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may be precluded from evicting a tenant in retaliation for certain kinds of lawful activities of
the tenant. As a landlord has no right to possession when he seeks it for such an invalid reason,
a tenant may raise the defense of retaliatory eviction in an unlawful detainer proceeding.
[Citations.]’ The retaliatory eviction doctrine is founded on the premise that ‘[a] landlord may
normally evict a tenant for any reason or for no reason at all, but he may not evict for an
improper reason . . . .’ [Citation.]” (Id. at p. 249; see also L.A. Mun. Code, § 151.09,
subd. (B).)

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