Section 1942

Citation: Section 1942
Parent Document: Winslett v. 1811 27th Ave., LLC, 237 Cal. Rptr. 3d 25 (2018)
Jurisdiction: California (state)
Effective Date: 2018-08-15
Original Source: https://www.courtlistener.com/opinion/6239848/winslett-v-1811-27th-ave-llc/ ↗

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Following Schweiger, 3 Cal.3d. 507, 90 Cal.Rptr. 729, 476 P.2d 97, there was some uncertainty as to whether AB 2033 took up the field and provided an exclusive set of tenant-protection remedies. Green v. Superior Court (1974) 10 Cal.3d 616, 111 Cal.Rptr. 704, 517 P.2d 1168 supplied the answer. In that case, the high court held that there is an implied warranty of habitability in residential leases and that damages may be recovered if a breach of the warranty is proved. "Although past cases have held *36that the Legislature intended the remedies afforded by section 1942 to be the sole procedure for enforcing the statutory duty on landlords imposed by section 1941," the Green court explained, "no decision has suggested that the Legislature designed these statutory provisions to displace the common law in fixing the respective rights of landlord and tenant. On the contrary, the statutory remedies of section 1942 have traditionally been viewed as additional to, and complementary of, the tenant's common law rights." ( Green , supra , at pp. 629-630, 111 Cal.Rptr. 704, 517 P.2d 1168.)

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