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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 520

Citation
Section 520
Parent Document
Western Land Office, Inc. v. Cervantes, 175 Cal. App. 3d 724 (1985)
Jurisdiction
California (state)
Effective Date
1985-12-13

Other Sections in This Document (148)

Full Text

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Subdivision (c) of the statute provided that the landlord, even if he had retaliation in mind, could nevertheless prevail if the tenant violated “any lease or agreement or any law pertaining to the hiring of property . . . .” For example, if the tenant was in default in payment of the agreed rent, or if he violated a covenant in a lease, or if he committed waste or maintained a nuisance, the landlord could move to evict him even though the tenant had complained about the habitability of the premises. (Code Civ. Proc., § 1161.) The defense of retaliatory eviction was not available to a tenant who himself was at legal fault.