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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If (as here) the tenants do not quit the premises by the date the accommodations *211 have been withdrawn from the market, the landlord may institute an action for unlawful detainer. The Act provides that the tenant in such a proceeding "may assert by way of defense that the owner has not complied with the applicable provisions of this chapter...." (Gov.Code, § 7060.6.) The Act also states that it does not supersede "any provision of ... Title 5 (commencing with Section 1925) of Part 4 of Division 3 of the Civil Code...." (Gov. Code, § 7060.1, subd. (d).) Title 5 includes Civil Code section 1942.5, which (as stated) contains a prohibition against retaliatory evictions. And, while permitting the landlord to go out of business, the Act is not "otherwise" intended to "[o]verride procedural protections designed to prevent abuse of the right to evict tenants." (Gov. Code, § 7060.7, subd. (c).) B. Civil Code Section 1942.5

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