Section 1942

Citation: Section 1942
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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Finally, the tenants contend that the trial court’s instructions failed to define adequately the term “habitability.” The court’s instructions spoke of a “materially defective condition affecting habitability.”8 *58The trial court refused any instructions which purported to list the specific housing requirements “of state or local law” as contained in Civil Code section 1941.1,9 the Los Angeles Municipal Code, or the California Administrative Code. Plaintiffs argue that the standards set forth in section 1941.1 of the Civil Code do not apply because the defendants used the breach of the implied warranty of habitability as a defense rather than using the statutory remedy of “repair and deduct” as set forth in section 1942.

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