EDC Associates, Ltd. v. Gutierrez, 153 Cal. App. 3d 167 (1984)

Citation: EDC Associates, Ltd. v. Gutierrez, 153 Cal. App. 3d 167 (1984)
Parent Document: EDC Associates, Ltd. v. Gutierrez, 153 Cal. App. 3d 167 (1984)
Jurisdiction: California (state)
Effective Date: 1984-03-16
Original Source: https://www.courtlistener.com/opinion/2116822/edc-associates-ltd-v-gutierrez/ ↗

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Civil Code section 1942.5 sets forth the general statutory rules governing assertion of the defense of retaliatory eviction by tenant.1 Subdivision (a) of that section relates to actions taken by a tenant because the hired premises are dilapidated or otherwise untenantable. It provides a limitation upon a lessor's power to recover possession of the leased premises, raise the rent, decrease services, or cause the tenant to "quit involuntarily" in retaliation for "exercise . . . of his rights under this chapter or . . . his complaint to an appropriate agency as to tenantability of a dwelling . . . ifthe lessee . . . is not in default as to the payment of his rent.. . ." (Italics added.)2 Subdivision (c) creates protections where habitability is not at issue, but the tenant has engaged in First Amendment activities. Unlike subdivision (a) it contains no reference to payment of rent. Landlord argues that a parallel requirement of current payment of rent must be implied as pertaining to subdivision (c) of the statute, pursuant to the principle of ejusdem generis.

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