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
Original Source
https://www.courtlistener.com/opinion/1241155/knight-v-hallsthammar/ ↗

Other Sections in This Document (192)

Full Text

671 chars 
Green effectively recognized the implied warranty may be waived in appropriate situations. First, in defining the warranty we repeatedly spoke in terms of maintaining the leased premises, duty to maintain habitable premises or duty to repair rather than a duty to construct new improvements. (E.g., 10 Cal.3d at pp. 623, 625, 637.) Similarly, the court spoke of the legitimate expectation of the tenant that the premises will be fit for habitation during the duration of the lease term. (10 Cal.3d at p. 627.) No such expectation exists when the tenant is aware of a defective physical condition upon leasing and the landlord has not indicated he would repair or improve.