Elmassian v. Flores (2021)

Citation: Elmassian v. Flores (2021)
Parent Document: Elmassian v. Flores (2021)
Jurisdiction: California (state)
Effective Date: 2021-09-27
Original Source: https://www.courtlistener.com/opinion/5173681/elmassian-v-flores/ ↗

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The “Based Upon” Requirement
        The statute states, “. . . . a landlord shall not terminate a tenancy or fail to renew a
tenancy based upon an act or acts against a tenant . . . that constitute domestic violence . . . .”
(§ 1161.3, subd. (a).) The word “based” means “having as its basis,” and a “basis,” is defined
as “the base, foundation, or chief supporting factor of anything . . . [⁋] . . . the principal
constituent of anything.” (Collins English Dict. (online ed. 2021) <https:
//www.collinsdictionary.com/us/dictionary/english/based; basis> [as of July 20, 2021]; see
Consumer Advocacy Group, Inc. v. Exxon Mobil Corp. (2002) 104 Cal.App.4th 438, 444 [to
ascertain the common meaning of a word in a statute, “a court typically looks to dictionaries”].)
The word “upon” in the phrase refers to the object on which something is based. (Merriam-
Webster’s Online Dict. (2021) <http://www. merriam-webster.com/dictionary/upon> [as of
July 20, 2021].) In context, the words of the statute specify that a landlord cannot terminate a
tenancy when the termination rests or is supported by an act or acts of domestic violence. In
contrast with the retaliation eviction defense, there is no requirement that a lessor have
retaliated against a tenant by proceeding with an eviction based on the existence of domestic
violence (Civ. Code § 1942.5, subd. (a)), and no provision specifying a lessor may prevail even
if acting in retaliation “if the notice of termination [of a tenancy] . . . states the ground upon
which the lessor, in good faith, seeks to recover possession . . . .” (Civ. Code § 1942.5, subd.
(g)).
        A landlord may terminate a tenancy, and subsequently seek to regain possession of
property, by maintaining an unlawful detainer action based on grounds that include a tenant
defaulting in paying rent when a three-day notice specifying the amount owed is provided and
the person continues in possession without paying after the period expires (§ 1161, subd. (2));
when a tenant fails to comply with a covenant of a lease and continues in possession after

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