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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1805

Citation
Section 1805
Parent Document
Sego v. Santa Monica Rent Control Board, 57 Cal. App. 4th 250 (1997)
Jurisdiction
California (state)
Effective Date
1997-08-22

Other Sections in This Document (82)

Full Text

449 chars
Although there is no question that the tenant could raise the affirmative defense that he had paid excess rent in an unlawful detainer action, once the plaintiff landlords dismiss the action and give up their efforts to regain possession, that “remedy” is no longer available. The tenant remains in possession. The tenant is not paying rent. However, there still exists a dispute between the parties regarding the correct rent and the amount of *261