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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (161)

Full Text

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Civil Code section 1941 in essence provides that the lessor of a building intended for use as a dwelling must, in the absence of a contrary agreement, put it in fit condition for such use, and repair all subsequent dilapidations “which render it untenantable,” except those caused by the tenant’s negligence. Under Civil Code section 1942, the tenant cannot compel the making of necessary repairs; but he can give notice of dilapidations, and if the landlord does not repair them within a reasonable time the tenant may elect (a) to make the repairs himself and deduct the cost from the rent, or (b) to abandon the premises and be discharged from payment of rent or performance of other obligations. The maximum allowable deduction for repairs made is one month’s rent and the remedy of repair and deduct is available only once in any 12-month period. Civil Code section 1941.1 added in 1970 specifies the dilapidations which render a dwelling untenantable under section 1941.