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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Pointing out in Green that contemporary urban conditions differ greatly from earlier rural conditions, we approved Hinson v. Delis (1972) 26 Cal.App.3d 62 [102 Cal.Rptr. 661], recognizing a common law warranty of habitability. Green stated that while in earlier times the land itself was the most important element of a lease transaction the typical apartment house dweller could not realistically be viewed as acquiring a landed interest but rather as contracting for a place to live. (10 Cal.3d at pp. 622-623.) For this reason, contractual principles were increasingly applied to lease agreements, particularly those in modern apartment buildings where repairs may be difficult and expensive. Complex heating, electrical, and plumbing systems are often hidden from view and repairs require access to areas solely within the landlord’s control. Moreover, tenants are often ill-equipped to make repairs given the short term of leases and inability to obtain financing for major repairs. (10 Cal.3d at pp. 624-625.)3

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