Section 1805

Citation: Section 1805
Parent Document: Sterling v. Santa Monica Rent Control Board, 168 Cal. App. 3d 176 (1985)
Jurisdiction: California (state)
Effective Date: 1985-05-15
Original Source: https://www.courtlistener.com/opinion/2158620/sterling-v-santa-monica-rent-co... ↗

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Moreover, neither the judicially created implied warranty of habitability and its concommitant remedy nor Civil Code section 1942 evince any intent that state law shall preemptively occupy this area. Subdivision (d) of section 1942 expressly provides: “The remedy provided by this section is in addition to any other remedy provided by this chapter, the rental agreement, or other applicable statutory or common law.” (See also Knight v. Hallsthammar (1981) 29 Cal.3d 46, 53-54 [171 Cal.Rptr. 707, 632 P.2d 268].) The implied warranty of habitability was created so that the breach thereof would provide a defense to unlawful detainer actions for nonpayment of rent. {Ibid.) There is nothing in the judicial history of the warranty to suggest that local governments adopting rent control schemes are preempted from taking into account habitability problems in adjusting allowable rents.

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