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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

429 chars
Accordingly, when a tenant is aware of the defect at the time the lease is entered and it is apparent the landlord will not repair, the tenant may not defend an unlawful detainer action on the ground the defect is a breach of implied warranty of habitability. There was no error in instructing the jury that in order to defend on that ground a tenant must establish he was unaware of the defect at the time the lease was entered.