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  1. #1

    Default Is My Landlord Required to Keep the House Up to Code

    My question involves landlord-tenant law in the State of: California

    We live in a house that's at least 10-20 years old. There's a portion of the house that presents a rather unsafe condition, so we suspect there may be a code violation, but we'll have to contact the city to be sure.

    If, at any time after the house was sold to the landlord, the City changes its residential code, is the landlord financially responsible for ensuring the house meets the changed code while s/he is renting it out? Does the house also have to abide by changes made prior to the sale of the house?

    Edit: According to SFGate, landlords must maintain a safe environment. If this is a code violation, then we may be able to get the city to legally force our landlord to correct the issue. Not that we'd do that without first talking to the landlord.

  2. #2
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    Default Re: Is My Landlord Required to Keep the House Up to Code

    Quote Quoting moonman239
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    My question involves landlord-tenant law in the State of: California

    We live in a house that's at least 10-20 years old. There's a portion of the house that presents a rather unsafe condition, so we suspect there may be a code violation, but we'll have to contact the city to be sure.
    What, exactly, is the unsafe condition? You need to give us something to work with here.

    Quote Quoting moonman239
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    If, at any time after the house was sold to the landlord, the City changes its residential code, is the landlord financially responsible for ensuring the house meets the changed code while s/he is renting it out? Does the house also have to abide by changes made prior to the sale of the house?
    That depends on the code change itself.

    Some code changes are written retroactively and require all existing structures to upgrade. Some code changes exempt existing structures.

    You're going to have to read the code to find that out.

    Quote Quoting moonman239
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    Edit: According to SFGate, landlords must maintain a safe environment. If this is a code violation, then we may be able to get the city to legally force our landlord to correct the issue. Not that we'd do that without first talking to the landlord.
    I don't know what SFGate is but if you are reading some website summaries or guides you may be getting erroneous information. And what, exactly, is a "safe environment"? Seems to me that's in the eye of the beholder.

    Again, what is the unsafe condition that you are referring to?

    Once you explain that, I can refer you to specific statutes that might apply.

  3. #3

    Default Re: Is My Landlord Required to Keep the House Up to Code

    It's an issue with the upstairs railing. It's only as high up as the hip.

  4. #4
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    Default Re: Is My Landlord Required to Keep the House Up to Code

    Quote Quoting moonman239
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    It's an issue with the upstairs railing. It's only as high up as the hip.
    That's it?

    Seems to me that the many railings I've encountered are hip or waist high.

    Nothing unsafe about it, especially since the property was inspected and green tagged when built.

    Feel free to call the city if you like but I see nothing to suggest that the owner will be compelled to replace the railing to meet your specification.

    But you apparently have some perception that it is unsafe.

    Why?

    And where was your perception when you first looked at the house before you handed over your money and moved in?

    Or is there something else going on that's making you nitpick safety issues that might not actually exist?

  5. #5

    Default Re: Is My Landlord Required to Keep the House Up to Code

    Quote Quoting adjusterjack
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    That's it?

    Seems to me that the many railings I've encountered are hip or waist high.

    Nothing unsafe about it, especially since the property was inspected and green tagged when built.

    Feel free to call the city if you like but I see nothing to suggest that the owner will be compelled to replace the railing to meet your specification.

    But you apparently have some perception that it is unsafe.

    Why?

    And where was your perception when you first looked at the house before you handed over your money and moved in?

    Or is there something else going on that's making you nitpick safety issues that might not actually exist?
    It's the potential for deadly accidents that makes the railing really scary. If you fall off, you might land on the tile floor underneath. There's also a hardwood stair directly underneath the scary railing.

  6. #6
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    Default Re: Is My Landlord Required to Keep the House Up to Code

    Quote Quoting moonman239
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    It's the potential for deadly accidents that makes the railing really scary. If you fall off, you might land on the tile floor underneath. There's also a hardwood stair directly underneath the scary railing.
    Again, where was that perception when you first inspected the house before you handed over your money and moved in?

    And why is it just becoming an issue after living there until now?

    What's really going on?

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