Minelian

Plaintiff landlord appeals from an adverse judgment in an unlawful detainer lawsuit. In Nourafchan v. Miner (1985) 169 Cal.App.3d 746 [ 215 Cal.Rptr. 450 ], a decision by this division, we stated that a tenant had “the right to offset the excess rent paid during the three-year statutory period (Code Civ. Proc., § 338) within which he could bring an action based on [Santa Monica City Charter] section 1809, subdivision (a).” (Id., at pp. 752-753.)

We ordered this case transferred from the appellate department of the superior court to this court and requested briefing on “the issue of the applicability of a limitation period to [a tenant’s] right to an offset of rent.” We conclude that given the equitable nature of such an offset, no statute of limitations applies when excess rent paid is used as an affirmative defense to an unlawful detainer action and affirm the judgment.

Factual and Procedural Synopsis

On April 10, 1978, the base rent date under the Santa Monica Rent Control Charter Amendment (art. XVIII, Santa Monica City Charter, hereafter SMRCCA), appellant charged respondent $325 per month as rent for the apartment which was the subject of the unlawful detainer…