Can a tenant withhold rent while defending an unlawful detainer action?
California, United States of America
The following excerpt is from Knight v. Hallsthammar, 171 Cal.Rptr. 707, 29 Cal.3d 46, 623 P.2d 268 (Cal. 1981):
However, it is clear that a tenant aware of the apartment's defects at the time of rental, and aware the landlord has not expressly agreed to repair or improve, may not thereafter withhold rent while defending an unlawful detainer action on the basis of known defects. (Quevedo v. Braga (1977) 72 Cal.App.3d Supp. 1, 7, 140 Cal.Rptr. 143.)
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