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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The contention is directed to subdivision 2 of the following instruction: “In order to establish a defense to an action for unlawful detainer based on the defense of breach of the warranty of habitability, the tenant must establish the following elements: [11] 1. The existence of a materially defective condition affecting habitability and including common areas. [11] 2. The defective condition was unknown to the tenant at the time of the occupancy of his or her apartment. [H] 3. The effect on habitability of the defective condition was not apparent to the tenant upon a reasonable inspection. [II] 4. Notice was given the landlord within a reasonable time after the tenant discovered or should have discovered the breach of warranty. [II] 5. The landlord was given a reasonable time to correct the defect while the tenant remained in possession. [H] 6. Damages for breach of the implied warranty is [s/e] limited to the difference between the rent paid during the duration of the uninhabitable condition and the amount of rent which would have been reasonable taking into effect the amount the rental value was reduced because of the defects.” The instruction was given on the court’s own motion.

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