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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The majority also observes that a contrary holding “could permit tenants to force the landlord to remain in business indefinitely” “or, at the least, until a trier of fact determined that the retaliatory motive had dissipated.” (Maj. opn., ante, at p. 599.) As the majority recognizes, however, this concern does not apply if the tenant proceeds under subdivision (a) of section 1942.5, which only prohibits the landlord from evicting the tenant within 180 days of the tenant’s exercise of the specified rights and which can be invoked by the tenant only once in any 12-month period. The majority’s concern applies only if the tenant proceeds under subdivision (c) of section 1942.5 and is able to prove that the landlord is acting “for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees’ association or an organization advocating lessees’ rights or has lawfully and peaceably exercised any rights under the law.”

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