Section 1942

Citation: Section 1942
Parent Document: Schweiger v. Superior Court, 476 P.2d 97 (1970)
Jurisdiction: California (state)
Effective Date: 1970-11-10
Original Source: https://www.courtlistener.com/opinion/2610738/schweiger-v-superior-court/ ↗

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I dissent. Prior to today's decision, a landlord in a month-to-month tenancy could increase the rent or terminate the tenancy for any reason or for no reason at all.[1] (See Housing Authority v. Cordova (1955) 130 Cal. App.2d Supp. 883 [279 P.2d 215].) In holding that it shall be a defense to an action for unlawful detainer that the landlord raised the rent or brought the eviction action in retaliation for the exercise of the tenant's rights under Civil Code section 1942, this court substantially alters this rule. Although I deplore the type of action taken by the landlord in the instant case, I believe that the problems of retaliatory rent increases and evictions should be left to the Legislature since it has been assigned the function of deciding important questions of public policy and is a more appropriate body for considering the respective interests of landlords and tenants.

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