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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The declaration in Green of an implied warranty of habitability and of a public policy which generally prohibits waiver of that warranty is consistent with California’s statutory pattern of landlord-tenant relations. Provisions of the Civil Code “are to be liberally construed with a view to effect its objects and to promote justice.” (Civ. Code, § 4.) Further, “[a]ll contracts which have for their object, directly or indirectly, to exempt anyone from responsibility for .. .violation of law, whether willful or negligent, are against the policy of the law.” (Id., § 1668.) The Legislature has declared that “[t]he lessor of a building intended for the occupation of human beings must, in the absence of an agreement to the contrary, put it into a condition fit for such occupation, and repair all subsequent dilapidations thereof, which render it untenantable ....” (Id., § 1941.)4

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