Skip to main content

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

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

Posted

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.

Mark as helpful

1 found this helpful

1 lawyer agrees

Posted

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 general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.

Mark as helpful

1 found this helpful

1 lawyer agrees

4 comments

Asker

Posted

The notice of violation identifies the violation as a nuisance, and unsafe, and substandard. Does the existence of the violation prove I was harmed by it?

Frank Wei-Hong Chen

Frank Wei-Hong Chen

Posted

Yes, most probably.

Asker

Posted

Thank you so much for your help.

Asker

Posted

I wish the notice of violation proved everything... (it's awful being pro per, I really appreciate your responses)

Posted

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 ADVICE. FURTHER, THIS RESPONSE IS NOT INTENDED TO AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

Mark as helpful

1 found this helpful

1 lawyer agrees

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics