Defending a Breach of Warranty of Habitability Claim by a Tenant

 

The Law Office of David Piotrowski represents landlords throughout Southern California, from Ventura County in the north to San Diego in the south.  When we file an eviction lawsuit against a tenant, one of the common delay tactics is for a tenant to file a warranty of habitability defense against the landlord.  Most of the time, the warranty of habitability claim can be defended successfully by our firm.  This post will briefly outline the standards for defending a breach of warranty of habitability claim by a tenant.

Defending a breach of the warranty of habitability claim by a tenant will be based, in part, on the following:

  • How substantial the breach is;
  • Has there been any written government notices regarding the unit that were not fixed within 60 days;
  • Does the unit lack any of the items discussed here;
  • Did the tenant create the problem/defect;
  • Did the landlord know about the presumed breach of the warranty of habitability.

We can provide a form letter advising a landlord of uninhabitable conditions.  We suggest landlords provide tenants with a copy of this form to fill out if a habitability condition arises.

The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a tenant eviction.

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