§4.07 Landlord’s Breach of Rental Agreement

If the landlord materially breaches an express covenant in the rental agreement, the tenant has a valid defense to an unlawful detainer based on nonpayment of rent. The tenant’s obligation to pay rent and the landlord’s obligations under the agreement are dependent covenants. [See Green v Superior Court (1974) 10 C3d 616, 634.] It is not clear whether a “trivial” breach that does not affect the tenantability of the rental unit would excuse the duty to pay rent. This defense is usually combined with the habitability defense. [See §4.02.]

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