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Renting an Un-Permitted House

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  • 11-13-2018, 09:28 PM
    Matce
    Renting an Un-Permitted House
    My question involves landlord-tenant law in the State of: CA

    At the current residence 1 year now.

    When I moved in the house was basically under construction and it took about 1 month for them to "button everything up".
    I'm now running into several issues with the LL, he's unresponsive to problems and simply doesn't care anymore. Yard hasn't been mowed in month, half the yard isn't even a yard (just a gross patch of dirt with metal sticking out of the ground) even tho I was promised to get it fixed, etc

    From what I know most of the "upgrades" were done by (most likely) illegal workers and I'm fairly certain there's no permit for anything. For example, the new electrical stuff in the garage. I know plumbing was definitely not done "to code" since the plumber told me so and there have meanwhile been multiple "repairs". Huge cranks in the outside wall and the first floor is partially slanted and appears to be sinking more.

    What's the possible outcome if I visit the city and ask for a building inspection due to my concerns?
    Ideally "shut the house down", I move and sue the LL for rent paid or a good junk of it.
  • 11-14-2018, 06:40 AM
    Mr. Knowitall
    Re: Renting an Un-Permitted House
    If there is no certificate of occupancy, then the home should not be inhabited. If there is a certificate of occupancy then the city has determined that the home may be occupied even if there is additional work to be completed.

    If your municipality requires that rental units be inspected and approved, and that process was not followed, then the landlord may be given an opportunity to correct the problems.

    If you have to move out because the house is not inhabitable or cannot be repaired within whatever time frame the city allows for it to be made habitable and for any required approval process to be completed, then you will have to move. You would have the potential to sue your landlord for damages associated with having to move before the end of the lease term. Even if you end up staying, you may be able to make a claim for a partial rent abatement based upon the condition of the premises.

    Take pictures of everything.
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