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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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Section 1941.1 begins with the language, "A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics...." The duty of a landlord to maintain fit premises is set forth in section *59 1941, and there is nothing in that section which demonstrates a legislative intent that the duty of a landlord varies based on whether a tenant relies on the statutory remedy of "repair and deduct" or the common law as set forth in Green v. Superior Court, supra. Indeed, the "repair and deduct" statute is explicitly independent of any other available remedy. (See Civ. Code, § 1942, subd. (d).)[10] III.