Erlach v. Sierra Asset Servicing, LLC, 226 Cal. App. 4th 1281 (2014)

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cases substantial compliance with those applicable building and housing code standards
which materially affect health and safety will suffice to meet the landlord's obligations
under the common law implied warranty of habitability we now recognize." (Id. at pp.
637, fns. omitted.) The court held that a tenant may assert the landlord's breach of the
implied warranty of habitability as a defense to an unlawful detainer proceeding. (Id. at
pp. 631-637.) Moreover, a landlord's obligation to maintain premises in a habitable
condition is one that continues throughout the term of the lease. (Peterson v. Superior
Court (1995) 10 Cal.4th 1185, 1204.) In the event of a landlord's breach of the implied
warranty of habitability, the tenant is not absolved of the obligation to pay rent; rather the
tenant remains liable for the reasonable rental value as determined by the court for the
period that the defective condition of the premises existed. (Stoiber v. Honeychuck
(1980) 101 Cal.App.3d 903, 914; Hinson v. Delis (1972) 26 Cal.App.3d 62, 70,
disapproved on another ground in Knight, supra, 29 Cal.3d 46, 55, fn. 7; see also Code
Civ. Proc., § 1174.2, subd. (a) [in unlawful detainer action after nonpayment of rent,
where tenant proves substantial breach of habitability warranty, court determines
reasonable rental value of premises in its untenantable condition].)
       In addition to asserting a breach of the habitability warranty as a defense to an
unlawful detainer action, a tenant may bring suit against the landlord for damages
resulting from such breach. (Landeros v. Pankey (1995) 39 Cal.App.4th 1167, 1169;
Miller & Starr, Cal. Real Estate (3d ed.2004) § 19:121, p. 362; Friedman et al., Cal.
Practice Guide: Landlord-Tenant, (The Rutter Group 2009) ¶ 3:97-3:100, pp. 3-40.4 to
3-40.5.) The elements of such an affirmative claim are the existence of a material
defective condition affecting the premises' habitability, notice to the landlord of the
condition within a reasonable time after the tenant's discovery of the condition, the
landlord was given a reasonable time to correct the deficiency, and resulting damages.
(Quevedo v. Braga (1977) 72 Cal.App.3d Supp. 1, 7-8 (Quevedo), disapproved on other