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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 789

Citation
Section 789
Parent Document
Hale v. Morgan, 584 P.2d 512 (1978)
Jurisdiction
California (state)
Effective Date
1978-09-28

Other Sections in This Document (116)

Full Text

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Moreover, if the tenant abandons the premises permanently for other lodging, or, for reasons unrelated to the utility termination, is absent for substantial periods so as to suggest that he has established another residence during such period, the landlord’s conduct can hardly be said to have “deprived” the tenant of service at premises which the tenant is “us[ing] as his residence.” (See § 789.3, subd. (a).) Finally, of course, once the tenant has been lawfully evicted or barred from possession by legal process no statutory purpose would be served by the continued accrual of the daily penalty.