We need to change the law to prevent tenants from using the defense of habitability, unless their rent is posted with the court. To find your state representative go to: https://findyourrep.legislature.ca.gov Sample language that can be sent to your representative: For unlawful detainer actions, I would like legislation passed that tenants must post their rent money with the court, to avail themselves of the defense of habitability. This defense is typically abused by tenants who allege faulty conditions with the premises, which do not exist. In other cases, those conditions have never been reported to the landlord. A tenant who claims to be withholding rent, due to the condition of the premises, clearly should have the rent and therefore can easily post it with the court. This proposed legislation will prevent fraudulent claims by tenants who are merely attempting to game the system.
