Schulman

Defendants (lessees) appeal from a judgment in favor of plaintiffs (lessors) in unlawful detainer based upon lessees’ failure to pay rent in accordance with a written lease between the parties.

On appeal lessees contend that the trial court erred in precluding evidence of and striking their alleged affirmative defense that lessors breached their covenant to repair the roof of the leased premises; that the notice to pay rent or quit was defective, depriving the trial court of jurisdiction; that the damages awarded lessors in the judgment incorrectly include an amount equal to the second installment of real property taxes for the fiscal year 1977-1978; and that the court incorrectly failed to credit lessees for a claimed advance rental payment in the amount of $3,000.

Facts

The lease between the parties was entered into on November 30, 1977. The leased premises consisted of a commercial building in the City of Ontario to be used by lessees for conducting a restaurant business.

The lease specified two terms. The first term was from December 15, 1977, to the end of that year. The second was for five years, commencing January 1, 1978. Total rent for the five-year term was…