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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Drouet v. Superior Court, 104 Cal. Rptr. 2d 159 (2001)

Citation
Drouet v. Superior Court, 104 Cal. Rptr. 2d 159 (2001)
Parent Document
Drouet v. Superior Court, 104 Cal. Rptr. 2d 159 (2001)
Jurisdiction
California (state)
Effective Date
2001-05-23

Other Sections in This Document (78)

Full Text

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We first examine that statute's terms. Civil Code section 1942.5, part of the statutory scheme which generally governs landlord-tenant relationships, provides for an affirmative defense of retaliatory eviction in an unlawful detainer action. This defense arises when a tenant who is not in default of rent is evicted in retaliation for the exercise of certain enumerated tenant's rights. These rights include the giving of good faith notice to the landlord of the intent to "repair and deduct" under Civil Code section 1942, or the making of a complaint about the untenantability of the premises to the landlord or to a housing agency. (Civ.Code, § 1942.5, subd. (a).)[6]