Termination of lease under CCC 1942

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Termination of lease under CCC 1942

I moved into an apartment 9 months ago on a 1 year lease. There were large holes in a door that were promised to be fixed. I have given written and oral notice to fix it 5 times. The landlord comes and says he needs to order a new door and then never does. I decided to leave under CCC 1942. I wrote a letter explaining it and telling them to use my last months rent for the time im here. I just got a 3day or quit notice.

Asked on June 6, 2009 under Real Estate Law, California


E.H., Member, Calfiornia Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

A landlord can use a written 3-day notice (eviction notice) if the tenant has failed to pay the rent; damaged the rental property; violated clauses in the agreement; interfered with other tenants; or used the property for unlawful acitivty.

It seems here though that the landlord may be retaliating to your request.If so, then you have the defense that the unit should have an “implied warranty of habitability”.This means that the landlord is required to maintain their rental unit in a condition fit for human beings to live in. A rental unit must substantially comply with building and housing code standards that materially affect tenants' health and safety.

On California’s Department of Consumer Affairs website, you can read about the overview of the eviction process:


If you have any questions, feel free to call them or consult one of the attorneys.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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