Green v. Superior Court
Supreme Court of California
517 P.2d 1168 (1974)
Roger Green (defendant) stopped paying rent and remained on leased property owned by Jack Sumski (plaintiff), who brought an unlawful detainer action seeking possession and back rent; Green conceded nonpayment but argued it was justified because the premises had roughly 80 housing code violations and were subject to a condemnation hearing, offering evidence of the property's severe disrepair. The trial court and court of appeals both ruled that potential uninhabitability wasn't a valid defense to unlawful detainer, awarding Sumski possession and back rent, and Green appealed.
Whether a tenant may raise a landlord's breach of the implied warranty of habitability as a defense against an unlawful detainer action seeking possession and back rent.