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1. Breach of Implied Warranty of Habitability The landlord has failed to comply with the provisions of CC 1941.

3, which require a
landlord to install and maintain certain door and window locks
2. Breach of the Implied Covenant of Quiet Enjoyment
Failure to obtain a certificate of occupancy. The landlord has failed to obtain a
3. Breach of Contract certificate of occupancy for the premises under the city code, making the lease an
illegal contract. Espinoza v Calva (2008) 169 CA4th 1393, 13991400, 87 CR3d 492.
4. Failure to State Probable Cause
The landlord refused a timely tender of the rent. Strom v Union Oil Co. (1948) 88 CA2d
5. Insufficient Service 78, 81, 198 P2d 347

6. Retaliation Stats 2010, ch 626, 1(e),


(h).A landlord may not terminate a tenancy or fail to renew a tenancy based on acts
7. Retaliatory Eviction against a tenant or a tenants household member that constitute domestic violence,
sexual assault, or stalking if both of the following apply (CCP 1161.3(a)):
8. Discrimination evicted from premises occupied or intended to be occupied primarily as a residence,
and for which the rent does not exceed $2400 per month (adjusted annually for
9. Discriminatory Retaliation inflation starting in 2004). 50 USC App 531(a). On application for an eviction, the court
may on its own motion, and must on application by or on behalf of a servicemember
10. Constructive Eviction whose ability to pay rent is materially affected by military service (50 USC App
531(b)(1)):
11. Unlawful Influence to Vacate The owner of a residential dwelling unit must give the tenant written notice that the
owner intends to apply for a permit to demolish the dwelling. CC 1940.6(a). The notice
12. Unlawful Eviction must specify the earliest possible approximate date on which the demolition will occur
and the approximate date on which the owner will terminate the tenancy. The
13. Failure to Mitigate Damages demolition may not occur before the earliest possible approximate date noticed. CC
1940.6(b).
14. Offset
LAMC 151.01
15. Sexual Harassment Therefore, it is necessary and reasonable to regulate rents so as to safeguard tenants
from excessive rent increases, while at the same time providing landlords with just and
16. Waiver of Acceptance reasonable returns from their rental units. In order to assure compliance with the
provisions of this chapter violation(s) of any of the provisions of this chapter may be
17. Repair and Deduct raised as affirmative defenses in unlawful detainer proceedings.

18. Lack of Jurisdiction LAMC 151.04


A. It shall be unlawful for any landlord to demand, accept or retain more than the
19. Improper Venue maximum adjusted rent permitted pursuant to this chapter or regulation or orders
adopted pursuant to this chapter.
20. Violation of Subdivision Map Act
B. It shall be unlawful for any landlord to terminate or fail to renew a rental assistance
21. Failure to Comply With Lock Requirements contract with the Housing Authority of the City of Los Angeles (HACLA), and then
demand that the tenant pay rent in excess of the tenants portion of the rent under the
22. Failure to Give Notice of Demolition rental assistance contract.

23. Failure to Obtain Certificate of Occupancy LAMC 161.903.3.2


The tenant may assert as an affirmative defense to any unlawful detainer action that
24. Refusal to Accept Timely Tender of Rent the landlord has failed to pay required fees pursuant to this article.

25. Failure to Renew Contract with Subsidized Housing Program LAMC 161.903.3.1
A tenant may withhold the payment of any rent otherwise lawfully due and owing if
26. Service-member Civil Relief Act any fees imposed pursuant to this article are delinquent. Once the fees have been paid,
the tenant becomes obligated to pay the current rent and any back rent withheld.
27. Acts of Domestic Violence
LAMC 161.1201
15. Violation of Statute If the dominant intent of a landlord in seeking to recover possession of a rental unit is
retaliation for the tenants or the Departments exercise of rights or duties under this
16. Violation of Local Ordinance article, and if the tenant is not in default as to the payment of rent, then the landlord
may not recover possession of a rental unit in any action or proceeding or cause the
1. Overpayment of Rent tenant to quit voluntarily.

2. Unlawful Rent Increases LAMC 151.10


A. Any person who demands, accepts or retains any payment of rent in excess of the
3. Failure to Register Unit maximum
rent or maximum adjusted rent in violation of the provisions of this chapter, or any
4. Failure to Pay Relocation Fees regulations or orders promulgated hereunder, shall be liable in a civil action to the
person from whom such payment is demanded, accepted or retained for damages of
5. Failure to Serve Tenant Copy of Registration three times the amount by which the payment or payments demanded, accepted or
retained exceed the maximum rent or maximum adjusted rent which could be lawfully
6. Unlawful Covenant Contrary to Public Policy demanded, accepted or retained together with reasonable attorneys fees and costs as
determined by the court.
7. Failure to Comply with Tenant Habitability Plan
B. Any person violating any of the provisions, or failing to comply with any of the
8. Failure to Re-contract with Government Rental Assistance Program requirements of this chapter shall be guilty of a misdemeanor except that violation of
Subsections A., B. or D. of Section 151.09 shall not constitute a misdemeanor.
9. Reduction of Housing Services
Any person who willfully or knowingly with the intent to deceive, makes a false
10. Landlord Failure to Pay Housing Authority Fees statement or representation, or knowingly fails to disclose a material fact, in a notice or
declaration required under Subsection C. or I. of Section 151.09 or in any declaration,
11. Failure to Obtain Primary Renovation Work Permit application, hearing or appeal permitted under this chapter, including any oral or
written evidence presented in support thereof, shall be guilty of a misdemeanor.
Any person convicted of a misdemeanor under the provisions of this chapter shall be Any agreement, whether written or oral, waiving any of the provisions contained in this
punished by a fine of not more than $1,000.00 or by imprisonment in the County Jail article shall be void as contrary to public policy.
for a period of not more than six months or both. Each violation of any provision of this
chapter and each day during which such violation is committed, or continues, shall
constitute a separate offense.

Any person who willfully or knowingly with the intent to deceive, makes a false
statement or representation, or knowingly fails to disclose a material fact, in a notice or
declaration required under 153.03 (A) (2) (a) of the LAMC shall be guilty of a
misdemeanor.

D. Any agreement, whether written or oral, waiving any of the provisions contained in
this Article shall be void as contrary to public policy.

LAMC 151.11
A. A tenant may refuse to pay any rent in excess of the maximum rent or maximum
adjusted rent permitted pursuant to this chapter or regulations or orders adopted
hereunder or as further permitted by this chapter or by ordinance. The fact that such
rent is in excess of maximum rent or maximum adjusted rent shall be a defense in any
action brought to recover possession of a rental unit or to collect the illegal rent. This
subsection shall not be applicable to any rental unit not subject to the restrictions on
rent set forth in this chapter.

B. A tenant may withhold the payment of any rent otherwise lawfully due and owing
after July 1, 1979 until such time as the landlord has complied with 151.05 A. of this
chapter. Once the landlord has complied with 151.05 A. of this chapter the tenant
becomes obligated to pay the current rent and any back rent withheld pursuant to this
subsection.

LAMC 152.03
1. No landlord shall undertake Primary Renovation Work without first obtaining a
permit, pursuant to Sections 91.106, 92.0129, 92.0132, 93.0201, 94.103, or 95.112.2 of
this Code. This requirement applies to all Primary Renovation Work, regardless of
whether such work is eligible for a rent adjustment under any of the provisions of
151.07 (A)(1) of this Code and regardless of which provision of that subdivision, if any,
is intended to be used as a ground for seeking a rent adjustment following the
completion of the work.

2. The Department shall clear a landlord's application for a permit for Primary
Renovation Work if both of the following conditions have been met:

a. The landlord has submitted a Tenant Habitability Plan which, in


accordance with Subsection C. of this section, the Department finds to
adequately mitigate the impact of Primary Renovation Work and any
Related Work upon affected tenants;

b. The landlord has submitted a declaration documenting service to


affected tenants of both a Notice of Primary Renovation Work and a copy
of the non-confidential portions of the Tenant Habitability Plan.

LAMC 152.04
After the Department accepts the Tenant Habitability Plan, a landlord shall serve a copy
of the Tenant Habitability Plan, Notice of Primary Renovation Work, a summary of the
provisions of this article and, if applicable, a permanent relocation agreement form on
any tenant affected by the Primary Renovation Work. Service of these items shall be
provided in the manner prescribed by Section 1162 of the California Code of Civil
Procedure and at least 60 days prior to the date on which the Primary Renovation Work
and any Related Work is scheduled to begin.

LAMC 152.07
A. A landlord who fails to abide by the terms of an accepted Tenant Habitability Plan
shall be denied individual rent adjustments under 151.07 (A) (1) (d) of this Code,
absent extenuating circumstances.

B. In any action by a landlord to recover possession of a rental unit, the tenant may
raise as an affirmative defense the failure of the landlord to comply with any provisions
contained in this article.

C. Any person who willfully or knowingly with the intent to deceive, makes a false
statement or representation, or knowingly fails to disclose a material fact in any plan or
notice required under this article, or in any declaration, application, hearing or appeal
permitted under this article, including oral or written evidence presented in support
thereof, shall be guilty of a misdemeanor.

LAMC 155.05
C. If the dominant intent of the landlord(s) in seeking to recover possession of a
residential unit is retaliation against the tenant for exercising his or her rights under this
Article, and if the tenant is not in default as to the payment of rent, including payments
into UMP, then the landlord(s) may not recover possession of a residential unit in any
action or proceeding or cause the tenant to quit involuntarily.