San Bernardino, CA asked in Contracts, Civil Litigation and Landlord - Tenant for California

Q: In a unlawful detainer suit what can a tenant counter sue for

1 Lawyer Answer
Philip Shakhnis
Philip Shakhnis
  • Landlord Tenant Lawyer
  • Los Angeles, CA
  • Licensed in California

A: In California, tenants who are defendants in an unlawful detainer cannot file a cross-complaint. However, the tenant can file a separate lawsuit against the landlord for any breach of the rental agreement, negligence, fraud, harassment and other claims.

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