Newby v. Alto Riviera Apartments, 60 Cal. App. 3d 288 (1976)

Citation: Newby v. Alto Riviera Apartments, 60 Cal. App. 3d 288 (1976)
Parent Document: Newby v. Alto Riviera Apartments, 60 Cal. App. 3d 288 (1976)
Jurisdiction: California (state)
Effective Date: 1976-07-20
Original Source: https://www.courtlistener.com/opinion/2155026/newby-v-alto-riviera-apartments/ ↗

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A limited cause of action for retaliatory eviction is created by section 1942.5 of the Civil Code. The code prohibits retaliation against a lessee “because of the exercise by the lessee of his rights under this chapter or because of his complaint to an appropriate governmental agency as to tenantability of a dwelling, ...” The rights protected under the chapter relate to the fitness of buildings for human occupancy and the lessor’s duty to repair. Respondent Regnart testified that appellant was served with an eviction notice because it was feared that she would organize a rent strike. Respondent George said that he gave appellant notice to quit because he considered her a “ringleader” in a threatened rent strike. However, appellant was not demanding that premises be made habitable within the meaning of section 1942.5; she was organizing tenants to object to a rent increase. Section 1942.5 gives no protection from retaliation for such activity. Therefore, appellant presented no evidence of retaliatory eviction in violation of Civil Code section 1942.5.

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