You were not really evicted, you left. Nor can you withhold rent for her not making repairs if you do not spend the money to make those repairs. your defense is based upon Green v. Superior Court that the premises were in such bad shape that they had no or a reduced value. But Green was a residential and not business case so it may not apply [I do not really know]. You have to argue that she breached the lease by failure to provide heat and light and told you to accept that or leave, you merely accepted the latter option she offered. Depending on how much she is seeking you may wish to consult with a commerical real estate attorney.

I have handled commercial lease litigation. I would need to review your agreement, but a cross complaint against landlord may be a viable defense strategy, if it is done right. However, in many cases, commercial leases are different than residential. You may well be responsible for back rent and maybe through the end if you dont handle this right.

Best,

Daniel Bakondi, Esq.

danielbakondi@yahoo.com

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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