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
Original Source: https://www.courtlistener.com/opinion/2115139/schulman-v-vera/ ↗

Full Text

888 chars

[ital. in orig.] and to recover the amount of rent due. It was held that a counterclaim for damages for failure to make repairs could not be asserted in such proceeding. The decision is predicated upon the principle that the unlawful detainer act was intended to provide a summary remedy for the restitution of the possession of premises withheld by tenants in violation of the covenants of their leases, which statute would be frustrated and rendered wholly inadequate by the interposition of the defenses usually permitted in ordinary cases of law. Thus, whether the parties’ respective promises were independent or dependent did not enter as a factor in the determination of the case. However, plaintiff directs particular attention to the court’s language at p. 145: ‘A covenant to repair on the part of the lessor and a covenant to pay rent on the part of *560 the lessee are usually

Other Sections in This Document (69)

Full Text