Gombiner v. Swartz, 167 Cal. App. 4th 1365 (2008)

Citation: Gombiner v. Swartz, 167 Cal. App. 4th 1365 (2008)
Parent Document: Gombiner v. Swartz, 167 Cal. App. 4th 1365 (2008)
Jurisdiction: California (state)
Effective Date: 2008-10-29
Original Source: https://www.courtlistener.com/opinion/2259791/gombiner-v-swartz/ ↗

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The trial court compounded its error when it concluded the parties could by mutual agreement exempt the property from the RSO’s requirements in their February 2000 settlement and amendments to the lease. The RSO prohibits any person from “accepting] or retaining]” rent that exceeds the rent set under the RSO’s provisions. (L.A. Mun. Code, § 151.10, subd. A; see also L.A. Mun. Code, § 151.04, amended effective Apr. 11, 2002 [“unlawful for any landlord to . . . accept or retain more than the maximum adjusted rent permitted” under the RSO].) It follows that a landlord cannot, even with the tenant’s acquiescence or by mutual agreement, circumvent that which the law prohibits. 2

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