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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1942

Citation
Section 1942
Parent Document
EDC Associates, Ltd. v. Gutierrez, 153 Cal. App. 3d 167 (1984)
Jurisdiction
California (state)
Effective Date
1984-03-16

Other Sections in This Document (170)

Full Text

539 chars
landlord’s assertion that tenant may not raise the defense of retaliatory eviction because her lease terminated upon expiration of the three-day notice to quit or pay rent is unsound. As pointed out by tenant, this argument, if accepted, would eliminate any assertion of the defense in an unlawful detainer action, since by the time such action reaches trial, the tenant has already been served with a notice terminating the tenancy. Landlord’s cited authorities do not support his position. Briggs v. Electronic Memories & Magnetics Corp.