ASP Properties Group, L.P. v. Fard, Inc.

Plaintiff ASP Properties Group, L.P. (Landlord) appeals a judgment in favor of defendant Fard, Inc. (Tenant) in Landlord’s unlawful detainer action against Tenant. On appeal, Landlord contends: the trial court erred in (1) interpreting the lease and its amendment as not requiring Tenant to install new roofs; and (2) allowing Tenant to rely on affirmative defenses not pleaded in its answer.

FACTUAL AND PROCEDURAL BACKGROUND

On March 19, 1997, Jim Lin (Landlord’s predecessor-in-interest) and Tenant entered into a 10-year lease (Lease) for certain commercial property located on El Cajon Boulevard in La Mesa (Premises). The term of the Lease was from April 1, 1997, to March 31, 2007. Paragraph 3 of the Lease provided that Tenant would use the Premises “for auto sales, repair, auto related business, or other uses . . . .” Paragraph 4 of the Lease provided: “4. REPAIRS AND MAINTENANCE: Tenant shall maintain at his sole expense and without contribution from Landlord, the [Premises in good and safe condition, including, but not limited to[,] plate glass, electrical wiring, plumbing and heating installation.” (Italics added.)

On July 15, 2000, Lin and Tenant entered into a…