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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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In the instant case, the tenant defended the unlawful detainer action on the grounds that the premises were not in a habitable condition; in support of this claim, as noted above, he presented a city housing inspection report detailing some 80 violations of local housing and building codes, including major defects in the building’s plumbing and electrical facilities. At trial the tenant also testified that he had repeatedly informed the landlord of plumbing blockages, a collapsed bathroom ceiling, lack of heat in four rooms, exposed and faulty wiring and an illegally installed and dangerous stove, but that the landlord had failed to make any repairs within a reasonable period of time. Although this evidence of substantial defects in the premises was not controverted at trial, the court granted judgment for the landlord, on the theory that, whatever the condition of the premises, the tenant’s exclusive remedy was provided by section 1941 et seq. of the Civil Code. As discussed above, that conclusion was erroneous and thus we must remand this case to the trial court so that it may determine whether the landlord has breached the implied warranty of habitability as defined in this opinion.