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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1942

Citation
Section 1942
Parent Document
Drouet v. Superior Court, 73 P.3d 1185 (2003)
Jurisdiction
California (state)
Effective Date
2003-08-11

Other Sections in This Document (188)

Full Text

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The majority goes on to hold, however, that a landlord will defeat the defense of retaliatory eviction under section 1942.5 if the landlord can demonstrate "a bona fide intent to withdraw the property from the [rental] market" (maj. opn., ante, 3 Cal. Rptr.3d at p. 218, 73 P.3d at p. 1196), even if the landlord's purpose is to retaliate against the tenant for the tenant's exercise of rights protected by section 1942.5. I am not convinced by the majority's reasoning.