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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Landlord asserts that an interpretation of subdivision (c) of section 1942.5 which omits the nondefault of rent requirement would "eliminate the need for payment of rent." Alternately, landlord contends that the trial court's action in the present case forces it to "sit idly by and allow lessees to occupy real property without paying for the privilege every time they complain of alleged racial discrimination. . . ." To the contrary, a successful defense of retaliatory eviction as provided by subdivision (c) of section 1942.5 regardless of the status of rent payment is attainable only by tenants who prove
racial discrimination or other unlawful motivation by the landlord, as did tenant herein, for, as provided by that subdivision, "[T]he lessee shall bear the burden of producing evidence that the lessor's conduct was . . . retaliatory." If the trial court is not persuaded that the landlord has acted for an improper purpose, the defense of retaliatory eviction fails, and the landlord recovers possession.

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