This article discusses several of the affirmative defenses available to commercial tenants suing for unlawful detainer (eviction) in California.
Many commercial tenants may be under the impression that there are very few defenses they can use. That is not always the case. This article will discuss some of the defenses that can be used in the right situations, but it doesn’t cover all possible defenses, just the most common ones.
For example, while most commercial landlords and many commercial tenants may scoff at the idea that a breach of the implied warranty of habitability could be available to any commercial tenant, even in California, this is not always the case for small business operations as indicated. in two decisions of the Court of Appeals.
And commercial tenants can also assert the defense of a retaliatory eviction by the landlord. Retaliatory eviction is most often found in cases where the landlord is trying to evict a tenant for an improper reason, raising the rent after the tenant has complained about problems with their rent, reducing services, or other reasons. actions that are clearly retaliatory.
The California Supreme Court declared more than 30 years ago that both residential and commercial tenants have an affirmative common law defense to landlord retaliatory actions. In that same case, the California Supreme Court also stated that “The retaliatory eviction doctrine is based on the premise that a landlord can ordinarily evict a tenant for any or no reason, but may not evict for inappropriate…”
And there is NO time limit on the retaliatory eviction common law defense, although waiting too long to claim that defense is obviously not a good idea.
Commercial tenants in California may also assert constructive eviction as an affirmative defense.
The concept of constructive eviction exists under the principle of non-compliance with the peaceful enjoyment agreement that is implicit in every lease. A tenant may assert this ground as an affirmative defense when the landlord’s actions or omissions so interfere with the tenant’s right to “peaceful and beneficial possession” of the rental unit that the rental unit or a portion thereof becomes uninhabitable.
If the landlord has rented the premises without obtaining any Certificate of Occupancy, a commercial tenant may claim that any lease for the Subject Property is unenforceable, so the landlord cannot obtain any judgment for unpaid rent, even though it has right to a trial for possession. . Many jurisdictions in California, both city and county jurisdictions, require that a Certificate of Occupancy be obtained before any building can be occupied.
The author sincerely hopes that you have enjoyed this article and found it informative.
Sincerely,
stan burman