Legal Question in Civil Litigation in California
If an Unlawful detainer case is thrown out and the case becomes a regular suit for damages, can I still use the same defense I was planning to use in my unlawful detainer. I am the defendant. The sort of defenses I'm talking about is (Rent on three days notice is seriously off, rent control violations, three days notice never served, and the others.) Will this stand up if the unlawful detainer becomes a regular suit?
1 Answer from Attorneys
The defense that the amount of rent stated in the three day notice to quit is a complete defense to an unlawful detainer proceeding seeking possession of the premises. With respect to a lawsuit for unpaid rent, however, the three day pay or quit becomes irrelevant, and the court would award the amount of unpaid rent it found to be due and owing. It would not be a complete affirmative defense. The three days never served is also not a defense to a separate lawsuit for unpaid rent, because the lawsuit would seek damages, and not possession.
You are going to have to be more specific regarding the rent control violations, as those may offset the claim for damages.
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