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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The important principle to be derived from Schweiger is that the landlord's legal right to evict a tenant who has not paid rent in response to a "quit or pay rent" notice is circumscribed by the larger societal obligation *Page 176 
not to take adverse action against a tenant because of that tenant's exercise of rights or for some base motive such as racial discrimination. Thus, the landlord must establish that he is exercising his technical legal rights for a permissible purpose, and not in retaliation. This is codified in section1942.5, subdivision (e), which requires the landlord to state in writing the ground upon which he seeks to recover possession ingood faith, and establish the truth of such statement at the trial or hearing.6
Barela, supra, effectively answers landlord's contention that since unlawful detainer actions are summary proceedings, recognition of the defense of retaliatory eviction will defeat their summary nature. Whatever delay is encountered is justified by the important public policy furthered by the defense.

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