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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

section 1942

Citation
section 1942
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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To sum up: In an unlawful detainer action, where the defense of retaliatory eviction is asserted pursuant to Civil Code section 1942.5, the tenant has the overall burden of proving his landlord’s retaliatory motive by a preponderance of the evidence. If the landlord takes action for a valid reason not listed in the unlawful detainer statutes, he must give notice to the tenant of the ground upon which he proceeds; and if the tenant controverts that ground, the landlord has the burden of proving its existence by a preponderance of the evidence. Instructions