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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Schulman v. Vera, 108 Cal. App. 3d 552 (1980)

Citation
Schulman v. Vera, 108 Cal. App. 3d 552 (1980)
Parent Document
Schulman v. Vera, 108 Cal. App. 3d 552 (1980)
Jurisdiction
California (state)
Effective Date
1980-07-24

Other Sections in This Document (69)

Full Text

1,134 chars
lessee are usually considered as independent covenants, and unless the covenant to repair is expressly or impliedly made a condition precedent to the covenant to pay rent, the breach of the former does not justify the refusal on the part of the lessee to perform the latter.... ‘[A tenant] cannot justify an unlawful detainer by alleging a violation of a covenant to repair prior to the commencement of the proceedings.... There is no difference of opinion upon this question. All of the cases cited to the contrary by defendant’s counsel simply bear upon the right of a tenant to counterclaim for damages in an action brought to recover rent.’... ‘The very object the legislature had in view in enacting the statute... was to afford a summary and adequate remedy for obtaining possession of premises withheld by tenants in violation of the covenants of their lease, and this object would be entirely frustrated if tenants were permitted to interpose every defense usual or permissible in ordinary actions at law.... In such proceedings counterclaims and offsets are not available.’” (169 Cal. at pp. 145-146; see also Hosang v. Minor