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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/ ↗

Other Sections in This Document (192)

Full Text

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It is true that in Green, footnote 9, we stated that public policy requires that the implied warranty “generally could not be waived by any provision in the lease or rental agreement.” (10 Cal.3d at p. 625.) However, the statement refers to general contractual waivers and should not *66be read to prohibit specific waivers of conditions existing at the time the lease is executed. Otherwise a tenant, fully aware of the defects and having no expectation of landlord repair, could enter a lease at low rent and later refuse payment. The implied covenant should not permit inequitable conduct.