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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

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(1974) 10 Cal.3d 616 [111 Cal.Rptr. 704, 517 P.2d 1168], it was well settled, at least with respect to leases of real property for commercial purposes, that a lessee’s claim for damages allegedly resulting from a breach of the lessor’s covenant to repair could not be asserted as a defense and litigated in an unlawful detainer action by the lessor based on the lessee’s nonpayment of rent. The lessee was not without remedy; if the conditions resulting from the lessor’s breach of covenant to repair were such as to constitute a constructive eviction, the lessee could quit the premises and sue for damages (e.g., Groh v. Kover’s Bull Pen, Inc.,