Section 1942

Citation: Section 1942
Parent Document: Schweiger v. Superior Court, 476 P.2d 97 (1970)
Jurisdiction: California (state)
Effective Date: 1970-11-10
Original Source: https://www.courtlistener.com/opinion/2610738/schweiger-v-superior-court/ ↗

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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. NOTES

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