section 1942

Citation: section 1942
Parent Document: Rich v. Schwab, 63 Cal. App. 4th 803 (1998)
Jurisdiction: California (state)
Effective Date: 1998-04-30
Original Source: https://www.courtlistener.com/opinion/2252453/rich-v-schwab/ ↗

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the tenants gave notice to the landlord that unless repairs to their apartment were made, they would deduct the cost of the repairs from their rent. In response the landlord almost doubled their rent. After they were unsuccessful in obtaining an injunction against enforcement of the rent increase, the tenants voluntarily vacated the premises. In finding that a common law cause of action for retaliatory eviction existed on these facts, the court stated: “We can discern no rational basis for allowing such a substantive defense while denying an affirmative cause of action. It would be unfair and unreasonable to require a tenant, subjected to a retaliatory rent increase by the landlord, to wait and raise the matter as a defense only, after he is confronted with an unlawful detainer action and a possible lien on his personal property.” (Id. at p. 281; see also Glaser v. Meyers (1982) 137 Cal.App.3d 770, 776 [187 Cal.Rptr. 242] (Glaser).)

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