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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1941

Citation
Section 1941
Parent Document
Knight v. Hallsthammar, 623 P.2d 268 (1981)
Jurisdiction
California (state)
Effective Date
1981-02-13

Other Sections in This Document (192)

Full Text

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This court must decide whether a residential tenant may be held to have impliedly waived a landlord's breach of implied warranty of habitability by (1) continuing to live in premises despite knowledge of the defects or (2) failing to allow a landlord a reasonable time to repair before withholding rent. There is the additional question as to whether an unlawful detainer action may be defended based on a breach of implied warranty of habitability where defects in the premises predated the current ownership of the building. I.