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California Civil Code Section 1942.3

Legal Research Home > California Laws > Civil Code > California Civil Code Section 1942.3

1942.3.  (a) In any unlawful detainer action by the landlord to
recover possession from a tenant, a rebuttable presumption affecting
the burden of producing evidence that the landlord has breached the
habitability requirements in Section 1941 is created if all of the
following conditions exist:
   (1) The dwelling substantially lacks any of the affirmative
standard characteristics listed in Section 1941.1, is deemed and
declared substandard pursuant to Section 17920.3 of the Health and
Safety Code, or contains lead hazards as defined in Section 17920.10
of the Health and Safety Code.
   (2) A public officer or employee who is responsible for the
enforcement of any housing law has notified the landlord, or an agent
of the landlord, in a written notice issued after inspection of the
premises which informs the landlord of his or her obligation to abate
the nuisance or repair the substandard or unsafe conditions
identified under the authority described in paragraph (1).
   (3) The conditions have existed and have not been abated 60 days
beyond the date of issuance of the notice specified in paragraph (2)
and the delay is without good cause.
   (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) The presumption specified in subdivision (a) does not arise
unless all of the conditions set forth therein are proven, but
failure to so establish the presumption shall not otherwise affect
the right of the tenant to raise and pursue any defense based on the
landlord's breach of the implied warranty of habitability.
   (c) The presumption provided in this section shall apply only to
rental agreements or leases entered into or renewed on or after
January 1, 1986.
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Last modified: March 17, 2014