Knight v. Hallsthammar, 623 P.2d 268 (1981)

Citation: Knight v. Hallsthammar, 623 P.2d 268 (1981)
Parent Document: Knight v. Hallsthammar, 623 P.2d 268 (1981)
Jurisdiction: California (state)
Effective Date: 1981-02-13
Original Source: https://www.courtlistener.com/opinion/1241155/knight-v-hallsthammar/ ↗

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In Green, a landlord commenced an unlawful detainer action seeking possession of leased premises and back rent. The tenant admitted non*52payment of rent but defended on the ground that the landlord had failed to maintain the premises in an habitable condition. This court held that there is in California a common law implied warranty of habitability in residential leases, and that under this warranty a landlord “covenants that premises he leases for living quarters will be maintained in a habitable state for the duration of the lease.” (Id., at p. 637.) Further, a tenant may raise a landlord’s breach of the implied warranty of habitability as a defense in an unlawful detainer proceeding. (Id., at pp. 622-629, 631-637.) Recognizing that at least one other court had held that such a warranty generally could not be waived by any provision in the lease or rental agreement, this court in Green stated that “public policy requires that landlords generally not be permitted to use their superior bargaining power to negate the warranty of habitability rule.” (Id., at p. 625, fn. 9.)2 “[T]he severe shortage of low and moderate cost housing has left tenants with little bargaining power .... [E]ven when defects are apparent the low income tenant frequently has no realistic alternative but to accept such housing with the expectation that the landlord will make the necessary repairs.”3 (Id., at p. 625.)

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