(a)A landlord of a dwelling may not demand rent, collect rent, issue a notice of a rent increase, or issue a three-day notice to pay rent or quit pursuant to subdivision (2) of Section 1161 of the Code of Civil Procedure, if all of the following conditions exist prior to the landlord’s demand or notice:
(1)The dwelling substantially lacks any of the affirmative standard characteristics listed in Section 1941.1 or violates Section 17920.10 of the Health and Safety Code,
or is deemed and declared substandard as set forth in Section 17920.3 of the Health and Safety Code because conditions listed in that section exist to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants of the dwelling.
(2)A public officer or employee who is responsible for the enforcement of any housing law, after inspecting the premises, has notified the landlord or the landlord’s agent in writing of his or her obligations to abate the nuisance or repair the substandard conditions.
(3)The conditions have existed and have not been abated 35 days beyond the date of service of the notice specified in paragraph (2) and the delay is without good cause. For purposes of this subdivision, service shall be complete at the time of deposit in the United States mail.
(4)The conditions were not caused by an act or omission of the tenant or lessee in violation of Section 1929 or 1941.2.
(b)(1) A landlord who violates this section is liable to the tenant or lessee for the actual damages sustained by the tenant or lessee and special damages of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000).
(2)The prevailing party shall be entitled to recovery of reasonable attorney’s fees and costs of the suit in an amount fixed by the court.
(c)Any court that awards damages under this section may also order the landlord to abate any nuisance at the rental dwelling and to repair any substandard conditions of the rental dwelling, as defined in Section 1941.1, which significantly or materially affect the health or safety of the occupants of
the rental dwelling and are uncorrected. If the court orders repairs or corrections, or both, the court’s jurisdiction continues over the matter for the purpose of ensuring compliance.
(d)The tenant or lessee shall be under no obligation to undertake any other remedy prior to exercising his or her rights under this section.
(e)Any action under this section may be maintained in small claims court if the claim does not exceed the jurisdictional limit of that court.
(f)The remedy provided by this section may be utilized in addition to any other remedy provided by this chapter, the rental agreement, lease, or other applicable statutory or common law. Nothing in this section shall require any landlord to comply with this section if he or she pursues his or her rights pursuant to Chapter 12.75 (commencing with Section
7060) of Division 7 of Title 1 of the Government Code.
Notes of Decisions
Erlach v. Sierra Asset Servicing, LLC, 226 Cal. App. 4th 1281 (Cal. Ct. App. 2014).
· cites it 4× “Appellant filed a complaint for unspecified damages alleging eight causes of action against Schwann and Sierra: 3 (1) “Violation of California Civil Code Section 1942.4”; (2) “Tortious Violation for Breach of the Warranty of Habitability”; (3) “Intentional Infliction of Extreme…”
Park Vill. Apt. Tenants Ass'n v. Mortimer Howard Trust, 636 F.3d 1150 (9th Cir. 2011).
· cites it 2× “See Cal. Civ.Code § 1942.4(b)-(c) (requiring landlords who violate housing standards to abate the harmful conditions and pay actual damages, statutory damages, attorney's fees).”
Larson v. City & Cnty. of San Francisco, 192 Cal. App. 4th 1263 (Cal. Ct. App. 2011).
· cites it 2× “” (Civ. Code, § 1942.4, subd. (b)(2).) If the court determines there has been “no substantial breach of Section 1941 of the Civil Code or of any *1298 warranty of habitability” the “landlord shall be the prevailing party for the purposes of awarding costs or attorneys’ fees…”
Drouet v. Superior Court, 73 P.3d 1185 (Cal. 2003).
· cites it 2× “) If the substandard conditions themselves cannot be used by tenants to resist an unlawful detainer action when the landlord invokes the Ellis Act, it would be bizarre to say that tenants could nonetheless force the landlord to remain in business by complaining about those same…”
Hjelm v. Promestheus Real Est. Grp. CA1/2, 3 Cal. App. 5th 1155 (Cal. Ct. App. 2016).
“There, in a demurrer case, the Court of Appeal summed up its discussion—and its holding for the plaintiffs—as follows: “Here, the complaint contains causes of action for breach of the warranty of habitability in various forms—(1) ‘Violation of California Civil Code Section…”
Castro v. Superior Court, 2004 Cal. Daily Op. Serv. 2216 (Cal. Ct. App. 2004).
“1127-1130 [Civ. Code, § 1942.4 action against a landlord for substandard housing, which entitled the prevailing party to attorney fees]; Gilbert v.”
Frye v. Tenderloin Hous. Clinic, Inc., 129 P.3d 408 (Cal. 2006).
“3 Civil Code section 1942.4, subdivision (b)(2) provides that the prevailing party in cases involving substandard dwellings is entitled to reasonable attorney fees and costs.”
Drouet v. Superior Court, 104 Cal. Rptr. 2d 159 (Cal. Ct. App. 2001).
· cites it 2× “(Civ.Code, § 1942.4, subd. (a).) The statute also permits a court to require the landlord to repair any condition of untenantability which significantly affects the health or safety of the tenants.”
Tri Cnty. Apt. Ass'n v. City of Mountain View, 196 Cal. App. 3d 1283 (Cal. Ct. App. 1987).
“3 [in an unlawful detainer action, rebuttable presumptions exist against the landlord if he has failed to abate habitability defects “60 days beyond the date” a notice was issued]; Civ. Code, § 1942.4 [a landlord may be hable in damages for failing to abate habitability defects…”
Active Props., LLC v. Cabrera, 6 Cal. App. Supp. 5th 6 (Cal. App. Dep’t Super. Ct. 2016).
· cites it 5× “” Civil Code Section 1942.4 Civil Code section 1942.”
Sonja Nicolle Colbert (Bankr. N.D. Cal. 2022).
· cites it 5× “The proof of 1 claim/complaint asserts causes of action for tortious and contractual breach of the implied 2 warranty of habitability, violations of California Civil Code §§ 1942.4 and 1924.”
— Cal. Civil Code § 1942.4(b) — 1 case
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