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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We confronted the same concern in recognizing the common law doctrine of retaliatory eviction, stating: "Of course, we do not imply that a tenant who proves a retaliatory purpose is entitled to remain in possession in perpetuity. As the court stated in Edwards: `If this illegal purpose is dissipated, the landlord can ... evict his tenants or raise their rents for economic or other legitimate reasons, or even for no reason at all. The question of permissible or impermissible purpose is one of fact for the court or jury....' (Fns.omitted.) [Citation.]" (Schweiger v. Superior Court, supra, 3 Cal.3d 507, 517, 90 Cal.Rptr. 729, 476 P.2d 97.) Even when a tenant proceeds under subdivision (c) of section 1942.5, a landlord is prohibited from removing a building from the rental market only as long as the landlord is acting for a retaliatory purpose. This means only that landlords may not wrongfully use the Ellis Act to engage in retaliatory evictions. Nothing in section 1942.5 prevents a landlord who is not acting for a retaliatory purpose from withdrawing a dwelling from the rental market.

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