Section 1942

Citation: Section 1942
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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Section 1942 of the same code provides a remedy by which a tenant may deduct rent payments needed to cure conditions which the landlord should have corrected. This statutory remedy is available only twice in any 12-month period and is not available unless the tenant has satisfied certain procedural prerequisites. However, the Legislature has recently made clear that "[t]he remedy provided by [section 1942] is in addition to any other remedy provided by this chapter, the rental agreement, or other applicable statutory or common law." (Id., § 1942, subd. (d), added by Stats. 1979, ch. 307, § 3; see also Secretary of Housing & Urban Dev. v. Layfield (1978) 88 Cal. App.3d Supp. 28, 30 [152 Cal. Rptr. 342].)

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