Common Tenant Defenses to an Unlawful Detainer Eviction in California

 

Tenants will sometimes fight an unlawful detainer eviction case by raising a defense to the eviction. Some common tenant defenses to an unlawful detainer in California include:

  • Breach of the warranty of habitability. The landlord’s duty to provide a habitable property is independent of the tenant’s duty to pay rent. This means that the tenant’s failure to pay rent does not excuse the landlord from maintaining a habitable property.
  • Waiver of the notice to quit. This often happens when the landlord accepts rent after the notice expired.
  • Retaliation.
  • Landlord’s breach of the rental agreement.
  • Discrimination.
  • Violation of eviction or rent control ordinance.
  • Repair and deduct remedy.
  • Title is at issue.
  • Overpayment of rent.

Read David Piotrowski’s “Landlord Best Practices and Eviction Overview” book. If you need help with an eviction in Southern California, contact us today. Also, be sure to check out our Yelp reviews!

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