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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Green recognized that the ascertainment of damages for breach of the warranty would be difficult, but no more so than in other tort and contract situations, and the courts must do the best they can. The measure of damages should be the difference between the fair rental value of the premises if they had been as warranted, and the fair rental value as they were during the occupancy in the unsafe or unsanitary condition (10 Cal.3d 638). Another reasonable approach is a percentage reduction of use: reducing the tenant’s rental obligation by a percentage corresponding to the relative reduction of use of the leased premises caused by the landlord’s breach (10 Cal. 3d 639, fn. 24). Green, however, did not address the issue of damages for tortious injury such as discomfort, annoyance or mental anguish resulting from the breach of warranty. The importance of this type of damage is forcefully explained by Professor Moskovitz: “Generally, the residential tenant who has suffered a breach of the warranty does not lose money. He instead cannot bathe as frequently as he would like or at all if there is inadequate hot water; he must worry about rodents harassing his children or spreading *916disease if the premises are infested; or he must avoid certain rooms or worry about catching a cold if there is inadequate weather protection or heat. Thus discomfort and annoyance are the common injuries caused by each breach and hence the true nature of the general damages the tenant is claiming.” (62 Cal.L.Rev. at pp. 1470-1471.)

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