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Defenses to an eviction for commercial tenants in California

by Stan Burman

Defenses to an eviction for commercial tenants in California are the topic of this blog post.

Defenses to an eviction for commercial tenants in California are not as numerous the defenses available to residential tenants.  However there are several affirmative defenses to an eviction for commercial tenants in California available.

Some commercial tenants in California may mistakenly believe that they have few if any defenses to an eviction.  This is not true.

This blog post will discuss a few of the most common defenses to an eviction for commercial tenants in California that can be used in the appropriate situations.

Common defenses to an eviction for commercial tenants in California.

Commercial tenants in California can assert the defense of a retaliatory eviction by the landlord. Retaliatory eviction is typically found in situations where the landlord is attempting to evict a tenant for an improper reason, raising their rent after the tenant has complained about problems with their rental, decreasing services, or other actions that are clearly meant as retaliation.

The California Supreme Court has stated that both residential and commercial tenants have a common-law affirmative defense for retaliatory actions by the landlord. See Barela v Superior Court (Valdez) (1981) 30 Cal. 3d 244, 251.

In Barela v. Superior Court, supra, the California Supreme Court stated that “The retaliatory eviction doctrine is founded on the premise that a landlord may normally evict a tenant for any reason or for no reason at all, but he may not evict for an improper reason ...." (internal citations and quotations omitted.)

Commercial tenants in California can also assert constructive eviction as an affirmative defense.

The concept of a “constructive eviction” exists under the principle of a breach of the covenant of quiet enjoyment that is implied in every rental agreement. 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 unit or a portion of it becomes uninhabitable.

If the landlord has rented the premises without obtaining any Certificate of Occupancy a commercial tenant may contend that any lease agreement for the Subject Property is not enforceable, thus the landlord cannot obtain any judgment for unpaid rent, although they are entitled to a judgment for possession.

One unusual but not very common defense to an eviction for commercial tenants in California is the breach of the implied warranty of habitability could be available to any commercial tenant, even in California as has been stated in two published California Court of Appeal decisions.  I want to stress that this affirmative defense is not available to the great majority of commercial tenants in California.

Sample answer to an eviction complaint including defenses to an eviction for commercial tenants in California for sale.

Attorneys or parties in California that would like to view a portion of a sample 14 page answer to an eviction complaint in California containing over 15 affirmative defenses including defenses to an eviction for commercial tenants in California sold by the author can see below.

Sample Answer to Unlawful Detainer (Eviction) Complaint for California by Stan Burman on Scribd

 

 

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.

Licensed attorneys and law firms in need of assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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