A tenant who is current on rent complains to the local housing authority about mold in the 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) For 180 days after the complaint the landlord may not recover possession in retaliation, but the tenant must prove the retaliatory motive
Civil Code §1942.5(a) bars a landlord who is retaliating against a tenant for complaining to an appropriate agency about tenantability from recovering possession, causing the tenant to quit involuntarily, raising the rent, or cutting services within 180 days of that complaint, so long as the tenant is not in default on rent. The statute does not presume retaliation from timing alone; a retaliatory motive is something the tenant must establish, and §1942.5 places the burden of producing evidence that the landlord's conduct was in fact retaliatory on the tenant. A landlord who shows a lawful, non-retaliatory ground may still proceed, which is why the timing here gives the tenant a defense rather than an automatic win.
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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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