Refusing to pay for Maintenance, Now trying to evict. us.
Aren’t these valid defenses for our unlawful detainer case? My girlfriend was told we would lose. Why?
1.Defendant made needed repairs and properly deducted the cost from the rent, and plaintiff did not give proper credit.
2.On 01/25/2005, before the notice to pay or quit expired, defendant offered the rent due, but plaintiff would not accept it.
3.Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant.
4.Plaintiff refuses to deduct defendants rent from invoice amount due to defendant by the plaintiff, for maintenance performed for the building, for the benefit of plaintiff, even though plaintiff paid the defendant using this method on the prior submitted invoice. This constitutes a waiver and estoppel against plaintiffs claim that work performed by defendant cannot be used to cure the amount due for rent.
5.Furthermore, plaintiffs unlawful detainer action brought against defendant is malicious and poses a constitutional unfairness, as the defendant’s inability to pay rent is a direct result of plaintiffs unwillingness to pay defendant for work already performed for plaintiff, and by plaintiffs refusal to accept the work performed as payment of rent.