Foster v. Britton, 242 Cal. App. 4th 920 (2015)

Citation: Foster v. Britton, 242 Cal. App. 4th 920 (2015)
Parent Document: Foster v. Britton, 242 Cal. App. 4th 920 (2015)
Jurisdiction: California (state)
Effective Date: 2015-12-01
Original Source: https://www.courtlistener.com/opinion/3159177/foster-v-britton/ ↗

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of the grounds on which landlords could evict tenants from their rental units (Rent Ord.,
§§ 37.9–37.9B).” (Danekas v. San Francisco Residential Rent Stabilization &
Arbitration Bd. (2001) 95 Cal.App.4th 638, 641–642 (Danekas).)
II. BACKGROUND
Plaintiff Margaret D. Foster3 has lived for more than 40 years in an apartment in a
multi-unit building (the building) now owned by defendant and cross-complainant John
F. Britton and managed by defendant and cross-complainant W.J. Britton & Co., Inc.
(collectively, “Britton”). After buying the building in 2011, Britton served the tenants,
including plaintiff, with “House Rules.” Among other provisions, the house rules
required tenants to share the back yard equally, unless all tenants agreed otherwise; to
maintain their own garbage service; to keep all property inside the unit, out of view; and
to use an outside laundromat rather than washing clothes in the sinks or tubs in their
units. It also prohibited tenants from having pets and from storing their belongings
anywhere except in their rental units or areas designated by the landlord. The document
setting forth the new “House Rules” stated that the rules superseded all previous house
rules, that they went into effect 30 days from receipt, and that “Tenant accepts the House
Rules by remaining in possession after they come into effect and paying rent each month.
If Tenant does not accept the House Rules, Tenant may opt to give 30 days’ written
notice to Landlord to terminate his or her tenancy and move out.” Britton informed
plaintiff that, under the new house rules, she would no longer be able to store personal
property outside her unit. Plaintiff responded that the longstanding terms of her tenancy
included garbage service, two parking spaces, an assigned area in the back yard, specific
storage spaces, and the use of her service porch for laundry and storage. She informed

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