Section 1942

Citation: Section 1942
Parent Document: Drouet v. Superior Court, 73 P.3d 1185 (2003)
Jurisdiction: California (state)
Effective Date: 2003-08-11
Original Source: https://www.courtlistener.com/opinion/2585536/drouet-v-superior-court/ ↗

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*606In concluding that, despite this language, a landlord may recover possession of a dwelling under the Ellis Act even if the landlord acts for a retaliatory purpose, the majority relies upon subdivision (d) of section 1942.5, which states: “Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his rights under any lease or agreement or any law pertaining to the hiring of property or his right to do any of the acts described in subdivision (a) or (c) for any lawful cause.” The majority reasons that a landlord’s withdrawal of a dwelling from the rental market falls under section 1942.5, subdivision (d)’s exception to the proscription against retaliatory eviction because it constitutes “an exercise of rights under a law pertaining to the hiring of property.” (Maj. opn., ante, at p. 595.)

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