Section 1941

Citation: Section 1941
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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It should be noted that the trial court’s instructions also required that, in order for a defective condition to be a defense, “[t]he effect on habitability of the defective condition [must not have been] apparent to the tenant upon a reasonable inspection.” This instruction suggests that a new tenant has a duty to inspect a residence for defects which may render the premises uninhabitable. If a tenant fails to discharge this duty reasonably, he is barred from using such defects as á defense to an action for unlawful detainer. This imposition of a duty of reasonable inspection on prospective tenants is inconsistent with Green v. Superior Court, supra, 10 Cal.3d at page 624, and the trial court’s instruction in this regard was, therefore, erroneous.

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