Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hyatt v. Tedesco, 117 Cal. Rptr. 2d 921 (2002)

Citation
Hyatt v. Tedesco, 117 Cal. Rptr. 2d 921 (2002)
Parent Document
Hyatt v. Tedesco, 117 Cal. Rptr. 2d 921 (2002)
Jurisdiction
California (state)
Effective Date
2002-01-31

Full Text

769 chars
Here the words of the statute are clear and unambiguous: a tenant is entitled to a reduction of rent only upon a showing of a substantial breach of the warranty of habitability or of Civil Code section 1941. As previously stated, the evidence was undisputed that the premises were not properly waterproofed from the outside elements, that the roof leaked to the extent that the rain damaged the inside walls of the property, that the windows were not waterproofed, that portions of the wall were visible in the bathroom, and that the thermostat was inoperative. These conditions are clearly visible in the photographs entered into evidence at the trial. Furthermore, these conditions are not merely cosmetic or aesthetic, but affect the health and safety of the tenant.