Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)

Citation: Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)
Parent Document: Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)
Jurisdiction: California (state)
Effective Date: 1980-02-05
Original Source: https://www.courtlistener.com/opinion/2134128/stoiber-v-honeychuck/ ↗

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In Green v. Superior Court (1974) 10 Cal.3d 616 [111 Cal.Rptr. 704, 517 P.2d 1168], our Supreme Court adopted the Hinson warranty theory and held that a breach of the warranty could be asserted as an affirmative defense in a landlord’s action for unlawful detainer for nonpayment of rent. The court rejected the long established rule that a landlord’s failure to perform any duty to maintain the premises was independent of the tenant’s duty to pay rent. In the modern residential lease, governed by contract principles, the tenant’s duty to pay rent is mutually dependent upon the landlord’s fulfillment of his implied warranty of habitability. Since the landlord’s breach may be directly relevant to the issue of possession, the tenant may be able to prove that no rent is in fact due and owing (10 Cal.3d at p. 635). In approving the implied warranty doctrine, Green noted that under the comprehensive housing codes of today, public policy requires landlords to bear the primary responsibility for maintaining safe, clean and habitable housing. The court defined the scope of the warranty as follows: “Under the implied warranty which we recognize, a residential landlord covenants that premises he leases for living quarters will be maintained in a habitable state for the duration of the lease. This implied warranty of habitability does not require that a landlord ensure that leased premises are in perfect, aesthetically pleasing condition, but it does mean that ‘bare living requirements’ must be maintained. In most cases substantial compliance with those applicable building and housing code standards which materially affect health and safety will suffice to meet the landlord’s obligations under the common law implied warranty of habitability we now recognize.” (Id., at p. 637, fn. omitted.)2

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