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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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F.2d at p. 1083, fn. 67), stated: “If the tenant claims that all or a part of rent is not due because of defects in the premises, the trial court may, during the pendency of the action and at the request of either party, require the tenant to make the rental payments at the contract rate into court as they become due for as long as the tenant remains in possession. At the trial of the action the court can then determine how the rent paid into court should be distributed.” (26 Cal.App.3d at p. 71.) Such a procedure can serve as a fair means of protection of landlords from potential abuses of the proposed warranty of habitability defense. (See National Conference of Commissioners on Uniform State Laws, Uniform Residential Landlord and Tenant Act (1972) § 4.105.) 4. Conclusion.