Showing 41–60 of 128 results
...have the duty to maintain leased premises in habitable condition and that tenants have the right, after notice to the landlord, to repair dilapidations and deduct the cost of the repairs from the rent. The policy expressed in these sections...
...and it is apparent the landlord will not repair, the tenant may not defend an unlawful detainer action on the ground the defect is a breach of implied warranty of habitability. There was no error in instructing the jury that...
...and it is apparent the landlord will not repair, the tenant may not defend an unlawful detainer action on the ground the defect is a breach of implied warranty of habitability. There was no error in instructing the jury that...
...This court held that there is in California a common law implied warranty of habitability in residential leases, and that under this warranty a landlord "covenants that premises he leases for living quarters will be maintained in a habitable state...
...sent an inspector to her apartment to document the habitability issues she identified. After the inspection, the inspector spoke with Sagi and informed him the apartment needed to be repaired. Sagi was furious at Winslett and told her she should...
...In Green, supra, 10 Cal.3d 616, the Supreme Court traced—beginning in the Middle Ages—the property law principle that a landlord had no duty to place leased premises in a habitable condition and no duty to repair based...
...The tenant admitted non*52payment of rent but defended on the ground that the landlord had failed to maintain the premises in an habitable condition. This court held that there is in California a common law implied warranty of habitability...
...emotional distress because the failure to repair not only allegedly caused water damage to appellant's furnishings, it also must be deemed to constitute an injury to her tenancy interest (right to habitable premises) which is a species of property...
*754Singh held himself out as the owner of the property when he rented it to Fernandes in 2010, although the property was not habitable. On November 12, 2010, Singh filed an unlawful detainer action against her by using a false...
...The tenant further reasonably can expect that the landlord will maintain the property in a habitable condition by repairing promptly any conditions, of which the landlord has actual or constructive notice, that arise during the tenancy and render the dwelling...
...pursuant to sections 1805(c) and 1805(e) of article XVIII, on the ground that petitioner had failed to provide adequate housing services or to maintain real parties' rental units in a habitable condition and a state of reasonable repair.
...warranty of habitability directly relates to the issue of possession. Holding that such breach was irrelevant to the question of possession, early California cases refused to permit a defense that the landlord had breached a covenant to repair premises. (See...
When Wolfriver took over the building, it had serious habitability problems. The roof leaked, the plumbing and heating systems required work, the building was infested with cockroaches and rats, and seismic work had not been completed. By 1996, the building...
...have the duty to maintain leased premises in habitable condition and that tenants have the right, after notice to the landlord, to repair dilapidations and deduct the cost of the repairs from the rent. The policy expressed in these sections...
...The 5 same is true of their defense that the eviction was retaliatory for their having exercised their 6 legal rights to report habitability conditions to the local Department of Public Safety and to 7 repair and deduct. Their statement...
...emotional distress because the failure to repair not only allegedly caused water damage to appellant’s furnishings, it also must be deemed to constitute an injury to her tenancy interest (right to habitable premises) which is a species of property...
...704, 517 P.2d 1168, the Supreme Court tracedbeginning in the Middle Agesthe property law principle that a landlord had no duty to place leased premises in a habitable condition and no duty to repair based on the...
...Hallsthammar, supra, 29 Cal.3d at page 55 and footnote 7, the Supreme Court confirmed that breach of the implied warranty of habitability can support an independent cause of action for damages, but overruled Quevedo to the extent it required...
...Breached the warranty of habitability by not making the needed repairs; [¶] b. Failed to maintain the Subject Premises in a safe and habitable condition; [and] [¶] c. Denied Plaintiff’s peaceable quiet enjoyment of the Subject Premises.” Following all that, Moriarty...
...in safe and habitable condition." She also alleges that "In failing to repair the defective and dangerous conditions..., defendants have breached their statutory duty...." Appellant seeks compensatory damages for the discomfort and annoyance she suffered ($20 for each day she...