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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We defined the implied warranty as a covenant that the premises will be maintained in a habitable state. “This implied warranty of habitability does not require that a landlord ensure that leased premises are in perfect, aesthetically pleasing condition, but it does mean that ‘bare living requirements’ must be maintained. In most cases substantial compliance with those applicable building and housing code standards which materially affect health and safety will suffice to the landlord’s obligations under the common law implied warranty of habitability we now recognize. As the Hinson court observed: ‘[m]inor housing code violations standing alone which do not affect habitability must be considered de minimis and will not entitle the tenant to reduction in rent ....’ (26 Cal.App.3d at p. 70.)” (10 Cal.3d at pp. 637-638, fns. omitted.)

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