Court Holds Tenants Are Entitled to a Jury Trial

on Their Breach of Warranty of Habitability Claim

In Guttman v Chiazor, the appellate division of Los Angeles Superior Court recently held that tenants in an unlawful detainer action had a right to a jury trial on their claim of breach of the warranty of habitability.  In Guttman, the defendants’ tenants failed to pay rent and the landlord sued.  In response, the tenants asserted the affirmative defense of the breach of warranty of habitability.  The trial court found no right to a jury trial.  The court found in favor of the landlord and that there was no substantial breach of warranty of habitability.  The appellate division of the Los Angeles Superior Court reversed holding that the tenants had a right to a jury trial on the breach of warranty affirmative defense. 

Shannon B. Jones, Partner sbj@sbj-law.com