The Implied Warranty of Habitability: A New Doctrine Raising New Issues

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Professor Moskovitz has prepared a timely article on the implications of the recent California Supreme Court case, Green v. Superior Court, and its innovative doctrine, the use of an implied warranty of habitability as a defense to eviction for nonpayment of rent. The article explores the entire field-from what constitutes a breach to how protective orders are to be applied, even suggesting a creative solution to the difficult problem of measuring damages. Professor Moskovitz brings to this task long experience in both the study and the practice of landlord-tenant law; indeed, he co-argued the Green case. Drawing on his knowledge of litigation he has included throughout the article practical advice for the attorney immersed in landlord tenant matters. This advice is contained in textual footnotes; for ready identification each is set off by extra space and captioned "practice note."


This article is available on http://scholarship.law.berkeley.edu.