Elmassian v. Flores (2021)

Citation: Elmassian v. Flores (2021)
Parent Document: Elmassian v. Flores (2021)
Jurisdiction: California (state)
Effective Date: 2021-09-17
Original Source: https://www.courtlistener.com/opinion/5094726/elmassian-v-flores/ ↗

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July 20, 2021].) In context, the words of the statute specify that a landlord cannot terminate a
tenancy when the termination rests or is supported by an act or acts of domestic violence. In
contrast with the retaliation eviction defense, there is no requirement that a lessor have
retaliated against a tenant by proceeding with an eviction based on the existence of domestic
violence (Civ. Code § 1942.5, subd. (a)), and no provision specifying a lessor may prevail even
if acting in retaliation “if the notice of termination [of a tenancy] . . . states the ground upon
which the lessor, in good faith, seeks to recover possession . . . .” (Civ. Code § 1942.5, subd.
(g)).
A landlord may terminate a tenancy, and subsequently seek to regain possession of
property, by maintaining an unlawful detainer action based on grounds that include a tenant
defaulting in paying rent when a three-day notice specifying the amount owed is provided and
the person continues in possession without paying after the period expires (§ 1161, subd. (2));
when a tenant fails to comply with a covenant of a lease and continues in possession after
expiration of a three-day notice specifying the covenant that must be performed (§ 1161, subd.
(3)); and “maintaining, committing, or permitting the commission of a nuisance upon [rental
property]” and failing to vacate the property once a three-day notice expires (§ 1161, subd. (4)).
A nuisance as defined by Civil Code section 3479 as, “[a]nything which is injurious to
health, including, but not limited to, the illegal sale of controlled substances, . . . offensive to
the senses, or an obstruction to the free use of property, so as to interfere with the comfortable
enjoyment of life or property . . . .” A nuisance may therefore be based on an act or acts of
domestic violence, to the extent the activity is “injurious to [the] health” of other tenants, is
“offensive to the senses” of the tenants, and/or threatens the other tenants and interferes with
their comfortable enjoyment of their apartments.14
Pursuant to the text of section 1161.3, a termination of a tenancy, followed by an
unlawful detainer action, which is based upon grounds such as failing to pay rent, or disobeying

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