Wheelock v. Warschauer

Citations

• 21 Cal. 309

Syllabus

<p>In an action bjr a landlord against his tenant under the thirteenth section of the Forcible Entry and Detainer Act, the latter may defend by showing an eviction under an adverse title in a judicial proceeding of which proper notice was given to the landlord.</p> <p>Such a defense does not involve any question of title, the effect of an eviction being to dispossess the landlord as well as the tenant, and to relieve the latter from the obligations of his tenancy.</p> <p>The rule which estops a tenant from disputing his landlord’s title does not prevent him from showing that the tenancy has been determined, and he may treat an eviction, with notice, by one having an adverse title, as a termination of the tenancy, and thus resist any claim by the landlord either for rent or possession. The notice by a tenant to his landlord of proceedings to evict him may be oral.</p>