A tenant files a complaint with the local housing authority about mold in their unit. Two weeks later, the landlord serves a 60-day termination notice. Under California Civil Code §1942.5, what is the tenant's legal position?
Correct Answer
A) A rebuttable presumption of retaliation applies because the termination occurred within 180 days of the tenant's complaint, shifting the burden of proof to the landlord
Under California Civil Code §1942.5, when a landlord takes adverse action — including serving a termination notice — within 180 days of a tenant exercising a protected right (such as filing a complaint with a housing authority), a rebuttable presumption of retaliation arises. This means the burden shifts to the landlord to prove a legitimate, non-retaliatory reason for the action. The tenant is not required to prove the landlord's intent; the timing alone triggers the presumption.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.
Earnest money is a deposit made by the buyer at the time of the offer or shortly after to demonstrate good faith and serious intent to purchase the property. It is also called a good faith deposit.
Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.
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