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
Original Source: https://www.courtlistener.com/opinion/1182285/green-v-superior-court/ ↗

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In the instant case, the tenant has already quit the premises and thus the only matter to be determined on remand is the question of money damages owing to the landlord. In unlawful detainer actions generally, however, if the trial court determines that the landlord’s breach of warranty is total, and that the tenant owes no rent whatsoever, the court should, of course, enter judgment for the tenant in the unlawful detainer action. If the court determines, however, that the damages from the breach of warranty justify only a partial reduction in rent, the tenant may maintain possession of the premises only if he pays that portion of the back tent that is owing, as directed by the trial court. (See Code Civ. Proc., § 1174; cf. Academy Spires, Inc. v. Brown (1970) 111 N.J.Super. 447 [268 A.2d 556, 562]; Javins v. First National Realty Corporation

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