Here is what I found in my local newspaper for you. The author is a real estate attorney we used before, he is very good.
Be sure to thank me for typing all these;)
+++++++++++++++++++++++++++++++++++++++++++++++++++++
Question: I am a tenant in an apartment building in Arroyo Grande. My apartment, however, needs a lot of work. Under what circumstances may I stop paying rent?
Answer: When the premises are rented for human habitation, there is a common-law implied warranty of habitability that the premises are fit and proper for human habiliation. (Green v. Superior court (1974) 10 Cal.3d 616, II cal.Rptr. 704). There is also a statutory duty to maintain the building in a condition reasonably suitable for residential occupation and to repair all subsequent dilapidations that render it untenatable except for dilapidation caused by the tenant's negligence. (Civil code section 1941 adn 1941.1). There is a breach of this warranty if conditions of the premises are such as to make them unsafe and unsuitable for habitation. Therefore, the landlord must make the premises suitable for habitation and must repair all subsequent dilapidations that render it untenantable.
When the premises are rented for human habitation and condition of the premises is so serious and unsafe as to render them unfit for habitation, there is a breach of the landlord's statutory obligations and the common-law implied warranty of habitalility. Generally speaking, in such cases the tenant has three alternative remedies (that are much more complex than discussed here):
1.he or she can expend up to one month's rent to have the unsafe conditions repaired;
2.he or she can elect to abandon the premises because of a constructive eviction and be relieved of any further obligation to pay rent; or
3.he or she can remain in possession until the repairs are completed, in which case the rental obligation is reduced because of the landlord’s breach of warranty. The amount of the rent reduction depends on the seriousness of the condition.
Note that the obligation of the landlord to maintain residential premises in a habitable condition may not be waived by the terms of the lease or rental agreement. In addition, a tenant can raise the defense of a breach of the implied warranty in an unlawful detainer action if he or she can establish that the proceeding was in retaliation for the tenant’s claim that the warranty has been breached.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Good luck!
Be sure to thank me for typing all these;)
+++++++++++++++++++++++++++++++++++++++++++++++++++++
Question: I am a tenant in an apartment building in Arroyo Grande. My apartment, however, needs a lot of work. Under what circumstances may I stop paying rent?
Answer: When the premises are rented for human habitation, there is a common-law implied warranty of habitability that the premises are fit and proper for human habiliation. (Green v. Superior court (1974) 10 Cal.3d 616, II cal.Rptr. 704). There is also a statutory duty to maintain the building in a condition reasonably suitable for residential occupation and to repair all subsequent dilapidations that render it untenatable except for dilapidation caused by the tenant's negligence. (Civil code section 1941 adn 1941.1). There is a breach of this warranty if conditions of the premises are such as to make them unsafe and unsuitable for habitation. Therefore, the landlord must make the premises suitable for habitation and must repair all subsequent dilapidations that render it untenantable.
When the premises are rented for human habitation and condition of the premises is so serious and unsafe as to render them unfit for habitation, there is a breach of the landlord's statutory obligations and the common-law implied warranty of habitalility. Generally speaking, in such cases the tenant has three alternative remedies (that are much more complex than discussed here):
1.he or she can expend up to one month's rent to have the unsafe conditions repaired;
2.he or she can elect to abandon the premises because of a constructive eviction and be relieved of any further obligation to pay rent; or
3.he or she can remain in possession until the repairs are completed, in which case the rental obligation is reduced because of the landlord’s breach of warranty. The amount of the rent reduction depends on the seriousness of the condition.
Note that the obligation of the landlord to maintain residential premises in a habitable condition may not be waived by the terms of the lease or rental agreement. In addition, a tenant can raise the defense of a breach of the implied warranty in an unlawful detainer action if he or she can establish that the proceeding was in retaliation for the tenant’s claim that the warranty has been breached.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Good luck!
選擇“Disable on www.wenxuecity.com”
選擇“don't run on pages on this domain”
