Showing 61–80 of 128 results
We acknowledge that a landlord has a statutory obligation under Civil Code section 1941 to keep residential property in “a condition fit for [human] occupation, and repair all subsequent dilapidations thereof.” But in Green, supra, 10 Cal.3d 616, the...
...If by enforcing the attorney fee clause despite the tenants’ unjustified material breach of contract, the majority seek to further the public policy of requiring landlords to maintain habitable dwellings, it is not necessary to punish this landlord to accomplish...
...If by enforcing the attorney fee clause despite the tenants' unjustified material breach of contract, the majority seek to further the public policy of requiring landlords to maintain habitable dwellings, it is not necessary to punish this landlord to accomplish...
...Thus, under traditional common law rules, the landlord owed no duty to place leased premises in a habitable condition and no obligation to repair the premises. (3 Holdsworth, A History of English Law (5th ed. 1966) pp. 122-123; see...
...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.
...The trial court overruled this objection, *89stating that “requiring the landlord’s presence is neither arbitrary nor unreasonable as the landlord frequently bears the burden of making repairs of habitability defects discovered by the inspectors.”
...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...
...to repair the premises constitutes a tort grounded on negligence, appellant is entitled to prove his damages for emotional distress because the failure to repair must be deemed to constitute an injury to his tenancy interest (right to habitable premises...
...Under this statutory scheme, when a tenant raises breach of the warranty of habitability as an affirmative defense in an unlawful detainer case, the trial court is required to determine whether a substantial breach has occurred. If the court finds...
...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...
Its stated purpose is to “provide for decreases in rent to tenants of buildings undergoing substantial repairs, rehabilitation, and/or upgrades, for interference with the occupancy of their units, disruptions, and loss of housing services caused by the construction.” It...
...The landlord had breached the warranty of habitability, and refused to repair certain water and sewage leaks. Thus the answer asserted (without further specification) that “The rental value is currently zero *1291due to the health issues,” and went on to...
We acknowledge that a landlord has a statutory obligation under Civil Code section 1941 to keep residential property in "a condition fit for [human] occupation, and repair all subsequent dilapidations thereof." But in Green, supra, 10 Cal.3d 616, 111...
10 Cal.3d 616, 619.) The rationale behind judicial recognition of an implied warranty of habitability in residential leases has been explained by one commentator as follows: “In the 1960s and 1970s nearly all states imposed on landlords an obligation...
The substantive basis of plaintiffs’ second cause of action, alleging a breach of the warranty of habitability and seeking to compel defendant to maintain and repair the premises occupied by plaintiffs in accordance with the state housing law, does not...
The substantive basis of plaintiffs' second cause of action, alleging a breach of the warranty of habitability and seeking to compel defendant to maintain and repair the premises occupied by plaintiffs in accordance with the state housing law, does not...
...Singh 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...
...Civil Code section 1942.4, subdivision (a), provides for a private right of action for unlawful retaliation and habitability violations by a landlord and subdivision (b) permits a tenant to recover her actual damages as well as special damages from...
As our Supreme Court has stated: “A covenant to repair on the part of the lessor and a covenant to pay rent on the part of a lessee are usually considered as independent covenants, and unless the covenant to repair...
Although, as noted above, nearly all states have recognized an implied warranty of habitability in residential leases, only California (by judicial decision) and Louisiana (by statute) hold landlords strictly liable for injuries to tenants caused by defects in the premises...