In Los Angeles, as well as throughout California, landlords frequently try to evict tenants despite poor rental conditions.  In 1974, in Green v. Superior Court, the California Supreme Court determined a “warranty of habitability” is a part of all residential rental agreements.  That means that the landlord has an affirmative obligation to maintain the leased premises in a habitable (livable) condition throughout the terms of the lease.

Tenants can sue for a breach of the implied warranty of habitability or use it as an affirmative defense to an unlawful detainer.  In other words, the landlord cannot evict a tenant when the landlord has failed to properly maintain the leased premises.

For more information on how a Los Angeles Unlawful Detainer Attorney has used the implied warranty of habitability as both an affirmative defense to an eviction action or as a separate action contact Schorr Law, www.schorr-law.com, 310-954-1877, info@schorr-law.com.