California Civil Code Section 1941.2
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California Laws > Civil Code > California Civil Code Section 1941.2
1941.2. (a) No duty on the part of the landlord to repair a
dilapidation shall arise under Section 1941 or 1942 if the tenant is
in substantial violation of any of the following affirmative
obligations, provided the tenant's violation contributes
substantially to the existence of the dilapidation or interferes
substantially with the landlord's obligation under Section 1941 to
effect the necessary repairs:
(1) To keep that part of the premises which he occupies and uses
clean and sanitary as the condition of the premises permits.
(2) To dispose from his dwelling unit of all rubbish, garbage and
other waste, in a clean and sanitary manner.
(3) To properly use and operate all electrical, gas and plumbing
fixtures and keep them as clean and sanitary as their condition
(4) Not to permit any person on the premises, with his permission,
to willfully or wantonly destroy, deface, damage, impair or remove
any part of the structure or dwelling unit or the facilities,
equipment, or appurtenances thereto, nor himself do any such thing.
(5) To occupy the premises as his abode, utilizing portions
thereof for living, sleeping, cooking or dining purposes only which
were respectively designed or intended to be used for such
(b) Paragraphs (1) and (2) of subdivision (a) shall not apply if
the landlord has expressly agreed in writing to perform the act or
acts mentioned therein.
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Last modified: October 1, 2013