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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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But in this case the landlord has left the rental market by the procedural mechanism authorized by the Legislature. While the former tenant has a 120-day grace period within which to relocate, the tenant must expeditiously surrender possession by the expiration of that time unless the landlord has violated Ellis Act tenancy termination procedures. In the typical Ellis Act case, the tenancy ceases to exist 120 days from such filing because the rental units are legally removed from the market. The landlord-tenant relationship no longer exists. Petitioner then stands as a non-commercial property owner seeking to remove from a non-revenue producing property a former tenant who has lost the right of possession. Because the lessor-lessee relationship no longer exists, there is no tenancy for the lessee to pay for, or rent to increase, or services to decrease within the meaning of Civil Code section 1942.5, subdivision (a).