Bevis v. Terrace View Partners, LP (2019)

Citation: Bevis v. Terrace View Partners, LP (2019)
Parent Document: Bevis v. Terrace View Partners, LP (2019)
Jurisdiction: California (state)
Effective Date: 2019-03-21
Original Source: https://www.courtlistener.com/opinion/4602468/bevis-v-terrace-view-partners-lp/ ↗

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12      Plaintiffs' counsel argued to the jury: "In addition to [defendants' charging month-
to-month tenants unreasonably high rent], one of the most egregious things is in
paragraph [11.3] of their standard lease. . . . [¶] They have 11.3, which is the clause that
says if you sell your home, you have to [as]sign this lease. But the clause also gives the
park owner the sole discretion to issue a new lease. And that language is notwithstanding
the foregoing: [¶] 'Owner reserves the right to terminate this Agreement upon transfer'
of the·residen[ce]. 'In addition, Owner may, at Owner's sole option, refuse to allow an
assignment of this Agreement upon the transfer.' Okay. [¶] So when you have the
discretion to when somebody is selling in the lease to issue a new lease or take the
assignment, you have to exercise reasonable discretion. [¶] And if you know that you're
making somebody who can't sell their home pay a rent that's unreasonable just makes the
home unsalable and, you know, that home is going to come back to you. That's not
reasonable."
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implied covenant of good faith and fair dealing may not be "read to prohibit a party from

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