Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Rich v. Schwab, 75 Cal. Rptr. 2d 170 (1998)

Citation
Rich v. Schwab, 75 Cal. Rptr. 2d 170 (1998)
Parent Document
Rich v. Schwab, 75 Cal. Rptr. 2d 170 (1998)
Jurisdiction
California (state)
Effective Date
1998-06-01

Other Sections in This Document (60)

Full Text

627 chars
"The affirmative defense of retaliatory eviction was first recognized by this court in Schweiger v. Superior Court [(1970)] 3 Cal.3d 507 [90 Cal.Rptr. 729, 476 P.2d 97]. There, the statutory `repair and deduct' provision (§ 1942) was construed so as to include protection against eviction for those tenants who exercised their statutory rights. The same year, the Legislature codified this protection in section 1942.5. The statute prohibited landlords from evicting a tenant in retaliation for the tenant's exercise of the right to repair and deduct or the tenant's complaint to the authorities about housing code violations."