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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Green v. Superior Court, 517 P.2d 1168 (1974)

Citation
Green v. Superior Court, 517 P.2d 1168 (1974)
Parent Document
Green v. Superior Court, 517 P.2d 1168 (1974)
Jurisdiction
California (state)
Effective Date
1974-01-15

Other Sections in This Document (186)

Full Text

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The landlord in the present case suggests, however, that sections 1941 through 1942.1 of the Civil Code foreclose this court from adopting a common law implied waranty of habitability. In general, these sections place a statutory duty of maintenance and repair upon lessors of residential property and authorize a tenant, after giving reasonable notice of “dilapidations” to his landlord, either to quit the premises without further liability for rent or to repair the dilapidations himself and to deduct the cost of such repairs—up to one month’s rent—from his rent. A 1970 amendment to section 1942 prohibits a tenant from using the “repair and deduct” option more often than “once in any 12-month period.” The landlord argues that the remedies provided the tenant in section 1942 were intended as the exclusive