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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1942

Citation
Section 1942
Parent Document
Schweiger v. Superior Court, 476 P.2d 97 (1970)
Jurisdiction
California (state)
Effective Date
1970-11-10

Other Sections in This Document (98)

Full Text

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Finally, and most importantly, the Legislature has provided a statutory solution to the problems of retaliatory evictions and rent increases through the adoption of section 1942.5 of the Civil Code. This section is part of comprehensive legislation defining a lessor’s obligation to provide a tenantable dwelling and a lessee’s remedies if such obligation is not met.2 Although this legislation does not apply to the present case, I am of the opinion that it would be wiser for this court to address itself to the application of this legislation in future cases rather than create by judicial decree a new defense to actions for unlawful detainer. The creation of such a defense is the proper function of the Legislature, and it has seen fit to take appropriate action. McComb, J., concurred.