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may bring an action to repossess a rent-controlled unit in Los Angeles. (See, e.g., Birkenfeld v.
Berkeley (1976) 17 Cal.3d 129, 148.)
The three-day notice underlying plaintiff’s action is titled “3 DAY NOTICE TO
PERFORM COVENANT OF MONTH TO MONTH TENANCY OR QUIT.” As such, the
action was based on section 1161, subdivision (3), which provides for the eviction of a tenant
who continues in possession “after a neglect or failure to perform other conditions or covenants
of the lease or agreement under which the property is held” (italics added),7 and permitted
under LAMC section 151.09(A)(2), which allows for the recovery of possession of a rental unit
where the tenant “has violated a lawful obligation or covenant of the tenancy . . .” (italics
added). Plaintiff’s lawsuit is premised on the violation of one or more terms of the underlying
agreement and the tenancy created thereby.
The Affirmative Defense
A tenant may allege an affirmative defense based on the landlord’s violation of “any”
LARSO provision (LAMC § 151.09(E)) including the requirement that, before accepting any
rent, the landlord secure a written registration statement (or applicable registration renewal)
from the HCIDLA and either serve it on the tenant or properly post it on the premises.