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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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Applying the rationale of Green to this case, we conclude that the nature of a landlord's obligation to provide habitable premises to its tenants is such that the tenants' right to enforce this duty should not be forfeited by an arrearage in rent. A landlord has a speedy remedy via unlawful detainer proceedings to deal with a tenant who is behind in rent. "[T]he covenant to pay rent usually is regarded as independent. In other words, the tenant's failure to pay rent does not justify the landlord's failure to perform his covenants, such as his covenant to repair." (6 Miller & Starr, Cal. Real Estate (2d ed.1989) § 18:41, pp. 86-87, fn. omitted.) 2. The Landlord's Appeal