Elmassian

INTRODUCTION

In this matter of first impression, we construe the affirmative defense in unlawful detainer evictions that “a landlord shall not terminate a tenancy . . . based upon an act or acts against a tenant . . . that constitute domestic violence” (Code of Civ. Proc., § 1161.3, subd. (a)).1 We hold: (1) A tenant can assert the defense to being evicted based upon domestic violence causing a nuisance on rented property even if non-domestic violence grounds are also asserted in the action. The language of the statute and its legislative history indicate that, although a tenant can be evicted for non-domestic violence grounds even when the tenant is a victim of domestic violence, including due to creating a nuisance for reasons other than domestic violence and/or failing to pay rent, in instances where the action is based on both domestic violence and non-domestic violence grounds, a tenant must be allowed to maintain the section 1161.3 defense as to the domestic violence grounds. (2) The requisite documentation needed to support the defense can consist of a report prepared by the police narrating a domestic violence incident based solely on a tenant’s statements which do not…