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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Fairchild v. Park, 109 Cal. Rptr. 2d 442 (2001)

Citation
Fairchild v. Park, 109 Cal. Rptr. 2d 442 (2001)
Parent Document
Fairchild v. Park, 109 Cal. Rptr. 2d 442 (2001)
Jurisdiction
California (state)
Effective Date
2001-07-19

Other Sections in This Document (144)

Full Text

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We conclude that the landlord’s obligation to provide a habitable residence to the tenants is independent of the tenants’ obligation to pay rent. In Green, supra, 10 Cal.3d 616, the Supreme Court traced—beginning in the Middle Ages—the property law principle that a landlord had no duty to place leased premises in a habitable condition and no duty to repair based on the ancient doctrine of caveat emptor, or “let the buyer beware.” The court discussed modem urbanization, the change in the contemporary housing market, modem legal decisions discarding the caveat emptor approach in order to protect consumers, and the widespread enactment of comprehensive housing codes throughout the nation. (Green, supra, 10 Cal.3d at pp. 622-627.)