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Old 10-08-2014, 07:22 AM   #1 (permalink)
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Join Date: Oct 2014
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affirmitive defenses against unlawful detainer suit

eviction due to nonpayment of rent
nonpayment of rent due to job loss
family with small children needing a little more time to procure new housing arrangements.

what affirmative defenses can i use to stall a judgement or at least set it for trial.
jaymchatton@gmail.com is offline  
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Old 10-08-2014, 12:09 PM   #2 (permalink)
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Join Date: Apr 2014
Location: San Jose, CA
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Affirmative Defenses to Unlawful Detainer

If your landlord has filed a unlawful detainer suit against you, one of the best ways to work with your landlord is to talk with your landlord, explain the situation you are dealing with and work out some sort of deal that would be beneficial to the both of you. If you believe that your landlord has wrongfully filed a unlawful detainer action against you, you may want to hire a experienced local attorney who can fight against the unlawful detainer action brought by your landlord.

Some possible unlawful detainer affirmative defenses may include:

1. Landlord breached the implied warranty to keep the premises habitiable and livable for human residence (no heat, water, defective plumbing, leaks, unsafe areas, infestation of rodents, pests, fleas, running water)

2. Landlord unlawful refusal of rent

3. Discrimination of religion, sexual orientation, race, color, mental disability

4. Retaliatory Eviction because you reported landlord for a violation of city code

5. Failure to State a cause of action in the complaint/detainer

6. Breach of rental agreement by landlord/ Breach of contract

7. Defective notice of eviction

8. defective rental increase with no notice
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