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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"The list of proper reasons does not include enforcing state and local health and safety laws or habitability problems. State and local, health and *181 safety laws are enforced by agencies other than respondent. The City of Santa Monica has adopted the health and safety laws for the city and has expressly delegated enforcement of all `laws and ordinances regulating the construction and maintenance of buildings and other structures' to the Building Officer of the City of Santa Monica.... Tenant remedies for breach of the implied warranty of habitability, including Civil Code section 1941, ... is through rent withholding subject to the court's determination of `the reasonable rental value of the premises.' ... Finally, as to such things as lack of painting, water leaks, dirty drapes, and loose kitchen cabinet knobs, they `will not be considered in diminution of the rent.' ...

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