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Even if the landlord has committed any of these prohibited acts, he or she may still recover possession of a rental unit if the termination notice states a good faith ground on which the landlord seeks to recover possession and that ground is not successfully controverted by the tenant. For example, if a landlord withdraws rental property from the market under the Ellis Act after demonstrating a bona fide intent to do so, the tenant is precluded from asserting retaliatory eviction. On the other hand, if the landlord fails to establish a bona fide intent to go out of business, a tenant may assert a retaliatory eviction defense. [See Drouet v Superior Court (2003) 31 C4th 583, 588, 593–600.] |
CAUTION