Civil Code 1942.4 – A Follow Up Regarding Landlord Liability

 

Civil Code 1942.4 is an important code section that discusses the liability of a landlord who demands rent (such as by serving the tenant with a 3 day notice to pay rent or quit) under certain circumstances. This is a follow-up to my earlier blog post on Civil Code 1942.4.

A landlord found to be in violation of Civil Code 1942.4 requires landlords to repair the conditions and pay the tenant actual damages, statutory damages, and attorney fees.

Civil Code 1942.4 states, in part, that a landlord “may not demand rent, collect rent, issue a notice of a rent increase, or issue a three-day notice to pay rent or quit” if certain conditions exist prior to the landlord’s demand or notice.

Landlords should take Civil Code 1942.4 seriously and make sure to always maintain their property in a safe and sanitary condition. Landlords should conduct periodic inspections of their property to make sure the property is being maintained by the tenant and does not require any repairs. Taking these proactive steps can help a landlord when a tenant claims a breach of Civil Code 1942.4.

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