Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Becker v. IRM Corp., 698 P.2d 116 (1985)

Citation
Becker v. IRM Corp., 698 P.2d 116 (1985)
Parent Document
Becker v. IRM Corp., 698 P.2d 116 (1985)
Jurisdiction
California (state)
Effective Date
1985-04-29

Other Sections in This Document (238)

Full Text

955 chars
Departures from the traditional common law rule applicable to landlords evolved in California both by statute and judicial decision. Civil Code section 1941 requires that the lessor of a building intended for use as a dwelling put it in fit condition for such use and repair all subsequent dilapidations. However, the tenant’s remedies for violation of the statute are limited to the making of necessary repairs and deducting costs from one month’s rent, or to abandon the premises with discharge from rental obligations. (Civ. Code, § 1942, subd. (a).) And the landlord’s duty does not arise if the tenant has breached certain of his obligations relating to maintenance of the premises. (Id., § 1941.2.) An agreement by the lessee waiving his rights under section 1941 is void as contrary to public policy except that the lessee *462may agree as part of the rental to improve, repair, or maintain stipulated portions of the dwelling. (Id., see § 1942.1.)