Does a landlord have a right to a retaliatory eviction defense to an unlawful detainer action?
California, United States of America
The following excerpt is from De Sitter v. Gedrick, No. B211413 (Cal. App. 4/26/2010), No. B211413. (Cal. App. 2010):
Appellants presented a retaliatory eviction defense to respondent's unlawful detainer action. A landlord may evict tenants, even if the landlord has a retaliatory motive, provided the landlord also has bonafide intent. (Drouet v. Superior Court (2003) 31 Cal.4th 583, 597.) Where the landlord cannot establish a good faith intent, the fact finder must decide whether the eviction was retaliatory. (Id. at pp. 599-600.)
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