Legal Question in Civil Litigation in California

I have a question about an unlawful detainer. Say at the time the unlawful detainer was filed, the landlord was in strict violation of some rent control ordinance, and after I state this as a defense in my answer, they then go and remedy it before the trial date.

I can still use this defense right? Because at the time the unlawful detainer was filed, and my answer was filed too, it existed as a legitimate defense. Please, any explanation on how this will work will help a lot.


Asked on 6/07/11, 9:23 am

1 Answer from Attorneys
Kenny Tan Law Offices of Kenny Tan

You're right that subsequent remedial action does not change the fact that AT THE TIME the suit was filed, that was a viable defense. So they must first dismiss the first UD and try to evict you on a subsequent one. I hope you have other defenses available to you should they decide to do that. Courts take rent control issues very seriously.

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Answered on 6/07/11, 11:27 am


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