Legal Question in Real Estate Law in California

"Renting" is a two-way word; we can't tell whether you are the landlord or the tenant, both of whom are renting --

It's probably going to depend upon whether the code violation is in the crosshairs of an enforcement agency and the landlord or tenant are currently being faced with demands from an inspection authority.

To some extent, it also depends upon the cost of corrections and whether the landlord and tenant are willing to play ball with one another.

If you are the tenant and are using a code violation as an excuse to break a lease, I'd ask whether the "code violations" are truly a serious problem or just a possible excuse to move on without liability. If so, you might be "in the right" legally and ethically, or maybe not.

If you are the landlord, better contact some contractors and start getting estimates.

Other suggestion or legal conclusions may be possible upon more facts. Landlords especially are advised to keep their insurance in full effect.

No wonder we lawyers are accused of getting paid by the word to make no sense at all when we write things like Mr. Whipple's response. First off there is no such thing as the state building codes. Building codes are enacted by municpalities for within their boundaries, and counties to govern areas that are not part of any municipality. Second, the Uniform Building Codes, which most cities and counties adopt with or without modifications, are changed pretty much annually to reflect the latest building standards. Cities and counties adopt the changes whenever they see fit, some annually, others less often but still relatively frequently. The changes, however, are basically never retroactive. They only apply to new construction and significant remodeling. In the case of remodeling they usually only apply to the new work. In VERY rare circumstances a renovation will be deemed extensive enough to require bringing unaffected parts of the building up to current codes. So unless a building was built or extensively renovated in the last year or so, chances are nearly zero that it will be completely "up to code." Bottom line for landlords and tenants: it doesn't matter one whit whether or not the property is "up to code" per se. What does matter in terms of a rental propety is whether the property is "habitable." There are legal requirements for a property to be deemed habitable. Such things as running hot and cold water, heating, and closure from the elements are mandatory for a property to be habitable. That is not the same at all, however, as being up to code. If you think you have a habitability issue, please specify what you think is the defect with the premises that might constitute non-habitability, and we would be happy to adress whether it is a habitability issue and what the legal consequences might be.