Strength of affirmative defenses to an unlawful detainer complaint by landlord.
I am a tenant facing a possible eviction. The facts involved are many and I’d like feedback on how strong my affirmative defenses are and chances of winning against the landlord. (1) breach of implied warranty of habitability: I have a letter from the county health department stating that the unit is uninhabitable because a significant amount of water entered the unit through the foundation and walls and the owners have not repaired it; (2) retaliatory eviction: the owner retaliated by raising the rent by $350 and then served a 30 day notice after I complained of the uninhabitable conditions, reported these, and of the failure to reimburse; (3) repair and deduct: even though I had an agreement to make major renovations in exchange for rent, part of those repairs were regarding habitability for which I notified the owner but they refused to fix and did not give proper credit for. Other affirmative defenses: the owner used threats and menaces (in emails and voicemails) to influence me to move; the owner breached the agreement to reimburse me for the renovations (See Cal. Tenants’ Rights, Portman, p. 250); and: I have proof the unit is an illegal rental unit based on zoning violations.
