Josephinium Associates v. Kahli

In an unlawful detainer action, the tenant may assert only those equitable defenses which affect the right of possession. Skye Kahli failed to pay her rent. The trial court permitted Kahli to assert disability *620discrimination as an affirmative defense to her landlord’s unlawful detainer. Under the unusual circumstances here, the defense bore upon Kahli’s right of possession, and was properly asserted. After trial on the merits, the court found Kahli had not proved her defense, and issued a writ of restitution. The record supports the court’s findings. We therefore affirm the trial court in all…