Legal Question in Real Estate Law in California

Civil Code 1942

I am renting a place that needs a few minor repairs and one major repair to the roof as it is leaking down the wall and the paint is bubbling. My dishwasher is not working and I have leaky sinks and a very loud rattling heater that keeps us from sleeping. Is this enough under Civil Code 1942 to be able to break a lease and move out with proper notification to the landlord if the issues are not resolved?


Asked on 1/04/11, 11:02 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I would say that the conditions mentioned amount to "dilapidations" under Civil Code sections 1941 and 1941.1 that are sufficient, especially in combination, to trigger section 1942.

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Answered on 1/09/11, 2:18 pm


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