Evidence question - about implied warranty of habitability and covenant of quiet enjoyment.

Asked about 2 years ago - San Luis Obispo, CA

I now have a certified copy of the Notice of Violation for an uncovered multi-flue hole in the kitchen wall. Does this prove both breach of the implied warranty of habitability and breach of the covenant of quiet enjoyment?

Attorney answers (3)

  1. Frances Miller Campbell

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    1

    Best Answer
    chosen by asker

    Answered . I am going to assume you're asking about an unlawful detainer action--you don't say what kind of case it is.

    The certified notice is evidence of the breach of warranty of habitability. Moreover, if the landlord hasn't complied with the notice within 35 days of the violation, the landlord cannot bring a lawsuit for unlawful detainer under Civil Code section 1942.4. That would be the strongest defense, because if the landlord is in violation he can't accept rent legally.

    The breach of the covenant of quiet enjoyment is not a strong defense in unlawful detainer, so I would skip that one.

  2. Frank Wei-Hong Chen

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . Not necessarily. It is good evidence for uninhabitability (not breach of quiet enjoyment), but it still might not be conclusive evidence of what you intend to prove.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  3. James Michael Slominski

    Contributor Level 14

    1

    Lawyer agrees

    1

    Answered . While I cannot give you legal advice in this forum, did you inform the landlord? If not, that is generally your first step. As a general matter, you have to givel the landlord a reasonable opportunity to fix the problem before you can begin making these types of arguments.

    THIS RESPONSE IS INTENDED TO CONVEY GENERAL INFORMATION ONLY. IT SHOULD NOT BE RELIED UPON OR TAKEN AS LEGAL... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,086 answers this week

2,822 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,086 answers this week

2,822 attorneys answering