Warranty of Habitability and Retaliation Defenses in an Unlawful Detainer Case



A further blow to California landlords: Tenants may litigate warranty of habitability and retaliation defenses in an Unlawful Detainer case, even if they did not check these boxes on their Answer. So long as a tenant identifies a breach of the warranty of habitability or of retaliation somewhere in their answer and discusses this at the unlawful detainer trial, the court will allow a tenant to litigate these issues. This is true even if a landlord is evicting a tenant under a valid 30 day or 60 day notice to terminate tenancy.

This ruling further erodes the landlords ability to evict tenants in California.

The full opinion of the court is below.


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Need help with an eviction in Los Angeles or San Francisco?  Contact the Law Office of David Piotrowski today.  Start the process of removing your bad tenant.

Read Attorney Piotrowski’s landlord book: “California Landlord Best Practices and Eviction Overview: An Easy-to-Read Guide Outlining Best Practices for California Landlords Plus a Summary of the Eviction Process.

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