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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Birkenfeld v. City of Berkeley, 550 P.2d 1001 (1976)

Citation
Birkenfeld v. City of Berkeley, 550 P.2d 1001 (1976)
Parent Document
Birkenfeld v. City of Berkeley, 550 P.2d 1001 (1976)
Jurisdiction
California (state)
Effective Date
1976-06-16

Other Sections in This Document (374)

Full Text

721 chars
Plaintiffs urge and the trial court found that to require a landlord to obtain a certificate of eviction before seeking to recover possession of a rent-controlled unit invalidly conflicts with sections 1159 through 1179a of the Code of Civil Procedure, which provide landlords with a summary procedure for exercising their rights of repossession against tenants. We agree. Unlike the limitations imposed by the charter amendment upon chargeable rents and upon the grounds for eviction, which can affect summary repossession proceedings only by making substantive defenses available to the tenant, the requirement of a certificate of eviction raises procedural barriers between the landlord and the judicial proceeding. 21