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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Third, the new common law rules adopted in Green may in some cases create waiver. We held in Green that breach of the implied warranty of habitability creates a defense in unlawful detainer actions on the theory that the breach was directly related to the rent due and thus to the right of possession  the issue litigated in the summary unlawful detainer proceedings. (10 Cal.3d at p. 635.) We also recognized that when the tenant establishes breach of the implied warranty, the landlord remains entitled to the fair rental value of the defective premises and unless paid may reacquire possession. (10 Cal.3d at pp. 638-639.) When the contracted rent is equal to or less than fair rental value, the Green rule itself creates a waiver of the implied warranty.

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