Next Generation Bar Exam Quiz
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REAL PROPERTY
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A tenant rented an apartment on a month-to-month basis. After the tenant complained to the city housing department that the building had no heat, an inspector cited the landlord for violations. Two weeks later, the landlord gave the tenant a 30-day notice terminating the tenancy, explaining that the landlord's son needed the apartment. When the tenant refused to leave, the landlord sued for possession. The landlord's son did in fact move into the apartment two months after the notice. The jurisdiction recognizes the defense of retaliatory eviction.
Which of the following is most accurate regarding the landlord's right to possession?
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