Green v. Redding

Foote, C. This action is for the recovery of four hundred dollars for rent claimed to be due by virtue of a written lease of a “ residence and premises, including the furniture therein, on the corner of Octavia and Pine streets, in the city of San Francisco, and known as No. 1716 Octavia Street, with the appurtenances, for the term of six months.” The lease is an exhibit to, and made a part of, the complaint.

The answer admits the due execution of the lease, but denies that any rent is due under it, and sets up as a defense that at the time of the execution and delivery of that instrument, the leased premises were in an untenantable condition, and unfit for the occupation of the defendant and his family; that they were filthy from want of care upon the part of the landlord, and unsafe, for that reason, for the occupation of the defendant and his family; that as soon as he ascertained their condition he vacated and delivered up the premises, and has not occupied them at any time during the period covered by the lease.

It is not alleged therein that the landlord was guilty of the least bad faith or deception toward the defendant, or that the latter entered into the contract in any other way than of his own free will and accord, and with full opportunity to demand and make inspection of the premises, and satisfy himself of their condition before entering into the contract.

The proposition advanced by him seems to be, that it is the duty of the landlord, in all cases where he rents [550]such premises as here involved, to see to it, at the peril of a rescission of a contract of lease, that the premises shall be clean and safe to live in, notwithstanding the tenant may not have insisted, as a careful man would, as a condition precedent to entering into the lease, that he should inspect the premises and be satisfied with their condition, and although the lease does not contain a warranty or anything whatever putting any responsibility for the condition of the premises upon the landlord; in other words, that there is an implied warranty in such a letting that the premises shall be fit for the purpose for which they are leased.

The findings of the court were responsive to the issues raised by the pleadings, and found that the matter set Up in defense was true. Upon them a judgment was given and made in favor of the defendant, from which this appeal is taken.

The question for determination is, whether, under such a contract, entered into by both parties in good faith, the tenant can rescind the contract after abandoning the premises, and be free of all responsibility for rent, when the landlord, as in this case, was willing to put the premises in such condition, upon short notice, as they might require, so as to render them safe and habitable, and where the tenant had given him no notice even that they must be put in that condition.