§4.13 Unlawful Influence to Vacate

A tenant may affirmatively defend against a UD action on the ground that the landlord unlawfully influenced the tenant to vacate. A landlord may not engage in certain conduct with the purpose of influencing a tenant to vacate a rental unit. The conduct includes [CC §1940.2(a)]:

• Theft or extortion in violation of PC §484(a) or §518.
• Willful threats, menacing conduct, or the use or threatened use of force (that would create an apprehension of harm in a reasonable person) that interferes with the tenant’s quiet enjoyment of the premises, in violation of CC §1927.
• A significant and intentional violation of CC §1954, which governs the circumstances under which a landlord may enter the rental unit.