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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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Moreover, we note that Civil Code section 1942.5, subdivision (d), provides that nothing in the statute limits the landlord's right to evict "for any lawful cause." Lawful cause arises when the tenant refuses to leave after the landlord has complied with the Ellis Act procedures. The Legislature provided a lawful method to leave the rental market and evict holdover tenants in the provisions of the Ellis Act, and in effect provided lawful cause for eviction despite a secondary motive that may be considered retaliatory under Civil Code section 1942.5. Subdivision (d) of Civil Code section 1942.5 acknowledges the landlord's overriding right to evict for "lawful cause." We also note that the Legislature in an evenhanded manner took great pains to protect tenants against pre-textual, bad faith Ellis Act evictions. The Legislature did not specify anywhere that tenants given the benefit of these extensive protections could also routinely invoke the retaliatory eviction defense to delay an allegedly bad faith eviction under the Ellis Act.