Kemp v. Schultz

*Supp. 15Opinion

STEVENS, P. J.

This is an appeal by a landlord from a judgment in an unlawful detainer action. The issue is whether the defense of “retaliatory eviction” can be established by proof that the lessee previously complained to the landlord concerning the tenantability of the premises, where he did not make a like claim to a governmental entity.

Facts

In 1976 appellant leased an apartment to respondents. The lease provided that the lessor would be entitled to attorney fees if he was compelled to commence legal action to dispossess the tenants. The lease further provided that all terms…