Legal Question in Landlord & Tenant Law in California
Eight years ago I entered into a 1 year renewable office lease with a landlord who passed away three years ago. His wife took over as my landlord afterwards and she has been the quintessential slumlord. She did not provide me with a functioning heater or lights and she has refused all of my requests for repairs. My last official request for repairs occurred in February and the landlord refused and belligernetly said,"Why don't you just move out?" I replied,"fine, I'm giving you my 30 days notice and I am withholding rent." I moved out within 2 weeks and took several photo's of the condition of the office which I had left clean. Today, I received a County Sheriff's Notice Card requesting that I pick up documents at the Sheriff's office. It didn't provide any information. As I picked it up the clerk said that it was a subpoena from my former landlord who is suing me in Small's Claim Court for back rent, attorney's fees and carpet cleaning. I want to know my affirmative defenses.I would like to assert retaliatory eviction, material breach of contract for failing to provide the repairs that I had requested among the others. Please advise.
2 Answers from Attorneys
You were not really evicted, you left. Nor can you withhold rent for her not making repairs if you do not spend the money to make those repairs. your defense is based upon Green v. Superior Court that the premises were in such bad shape that they had no or a reduced value. But Green was a residential and not business case so it may not apply [I do not really know]. You have to argue that she breached the lease by failure to provide heat and light and told you to accept that or leave, you merely accepted the latter option she offered. Depending on how much she is seeking you may wish to consult with a commerical real estate attorney.
I have handled commercial lease litigation. I would need to review your agreement, but a cross complaint against landlord may be a viable defense strategy, if it is done right. However, in many cases, commercial leases are different than residential. You may well be responsible for back rent and maybe through the end if you dont handle this right.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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